December 18, 2018

An Opportunity to Make the ESA Benefit People

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*Editor’s Note* – I have the utmost respect for Jim Beers. His experience and his knowledge, along with a willingness to share makes him a standout in today’s world of programmed automatons. However, it is my belief that there is insanity in thinking that just one more attempt at instituting change can happen if we vote in the “right” people to serve in Washington. The System is far too big, far too powerful, and far too corrupt to think that any person or group of persons can change that. Thinking so is explemplary to the ignorance of the Global Power Structure.

Inserting another “however,” we shouldn’t throw out the baby with the bath water. Beers latest writing contains many accurate and powerful facts that we shouldn’t forget.

Having said this, I cannot offer any solution that will cause real change in our governmental structure, especially the criminal aspects of it. In the years that I have spent in this work, which involves uncountable hours of read-searching, it has become extraordinarily clear that in government absolutely nothing has changed – only the allowed rhetoric to rile and divide the masses. 

As to the history of the Endangered Species Act, all the promises, all the talk, all the hype over the past 20 years and, like all government establishments, nothing has changed. Beers has it right in warning us not to be fooled by false promises – promises for action in exchange for your vote. This has been the history of real criminal politics and there is no hope that it will change or that you and I can actually do anything about it…short of changing ourselves and how we perceive things.

My only suggestion is to do as we have been instructed in the Scriptures to not be a part of man’s government – “Come out of Her my people” (the Whore of Babylon). Our Creator knew and knows the corruption that would rule man’s crafted cesspool of lying, cheating, and stealing. 

Put your faith and belief in God the Almighty instead of man-gods and your perspective will change. Government will not.

By Jim Beers:

As this old wildlife bureaucrat sees the “Deep State” wriggle and squirm like a nightcrawler on the hook of the President I am encouraged that there may be a remedy on the horizon for all the damage and abuse that rural America is absorbing from environmental and animal overreach by federal bureaucracies.  “Endangered” “species” from Wolves and Grizzly Bears to Mountain Yellow-Legged Frogs and Tooth Cave Spiders can be changed from tools forged by bureaucrats to decimate animal husbandry, grazing, hunting, logging and other rural pursuits necessary for rural American communities into animals that decimate such communities for a wide range of nefarious hidden agendas.

The possibility of changing this has come to mind as I have followed the political battle between the Congress, and the FBI and DOJ about if and to what extent the FBI and DOJ meddled in the last Presidential election.  Furthermore, the vitriol spewed by certain members of the last Administration, particularly in the intelligence arena, toward the President and everything he does up to and including calling him a traitor is not only stunning but suggestive of a possible remedy for Endangered Species, Wilderness and other environmental laws that use power-seeking bureaucrats as unanswerable and irresponsible tools of vote-seeking politicians that pass and protect unjust laws they then disavow as being administered by “scientists” and “experts”.

Consider the following examples.

1.) When terrorism first became a major national concern, the law enforcement “experts” made the logical case that new “secret” courts (FISA courts) were necessary to issue “secret” warrants to search and investigate the profusion of cells and individuals suspected of plotting and carrying out terrorist acts. Despite misgivings by many legal historians, Congress passed a law establishing these FISA courts.  So, what happened?

We find that the FBI, DOJ and CIA tapped phones of Congressional staff, conducted secret surveillance of the Trump election campaign, and then lied to Congress and stalled only to dribble heavily redacted documents to Congressional Committees.  When called to appear before these Committees the contempt and disdain displayed toward Congress and the Administration was stunning.  The forecast that FISA would create a Star Chamber form of “justice” wherein proceedings were secret, rulings were arbitrary and tyrannical, and there was little difference between the “Kings” enforcers and the “Kings” judges became a fact. When an investigation is launched against the President, it lasts for years while being made up of lawyers strongly opposed to the President.  The wife of an FBI official is given thousands of dollars to run for an office by the Party opposing the President.  “Lost” emails, a private server containing highly classified information kept in a private residence basement are dismissed as acceptable.

2.) When the federal government sought to “equalize” tax advantages for all political lobbying organizations under President Obama, IRS employee Lois Lerner engaged in serious discrimination against conservative groups while favoring tax exemptions for liberal groups.  When that was exposed by a Congressional Committee, Ms. Lerner took the 5th and her boss, Mr. Koskinen lied to Congress when he said her emails were lost to a computer glitch.  Ms. Lerner skated free and retired: her boss did a double arabesque and pirouetted off stage right into infamy.

3.) Gun control advocates here and in the UN began accusing American gun dealers of supplying Mexican drug lords and foreign revolutionary movements with illegal guns and ammunition early in the Obama Administration.  Soon thereafter, ATF and DOJ began a secret operation they labelled Fast and Furious.  Two thousand automatic weapons, including over 30 .50 caliber rifles, were placed in the purported flow of illegal guns into Mexico to ostensibly discover the identify of traffickers.  The guns promptly disappeared and popped up in such widespread places as Mexican drug-related executions and the personal gun collection of drug kingpin Joaquin “El Chapo” Guzman, as well as one being the murder weapon of an American Border Patrol Agent, Brian Terry.  Simultaneously, the US State Department was negotiating an unmentioned “Small Arms Treaty” at the UN that supposedly would replace the 2nd Amendment when ratified by the US Senate and signed by President Obama.

When Fast and Furious became public, the DOJ refused to give Congress, or anyone else, any information.  The Attorney General was exceptionally arrogant (shades of Strzok, Brennan, Clapper, Comey, and McCabe, et al of recent vintage) and was found in Contempt of Congress.  The UN “Treaty” ploy was abandoned and since then guns from this ATF debacle continue popping up in both US and Mexican crime scenes.

4.) When I worked for the US Fish and Wildlife Service in Washington in the 1990’s I saw the same arrogance and hubris emerge in top managers.  They began to feel the power at their fingertips and what it could do for themselves.  Contempt for hunters, ranchers, loggers, shepherds, private property rights, animal ownership, and renewable natural resource management was what the environmental laws had become.  Successful bureaucrats were those that saw themselves as accumulating power and the financial rewards and gravitas it created.  By the mid 1990’s USFWS appointees and top bureaucrats were placing beholden women and minorities in top management positions as endangered species came to the forefront and the entire concept of managing wildlife for people became bureaucrats managing people and their rights for wildlife.

This led to Budget Requests to Congress to introduce wolves into the Upper Rocky Mountains and to open an unnecessary new office in California to seal a close alliance with radical environmental and animal rights’ organizations.  When Congress refused to authorize or fund either;  USFWS simply “diverted” (either “took” or “stole” is more accurate) $45M to $60M from the Excise Taxes that by law could only go to state wildlife agencies and then surreptitiously captured and imported Canadian wolves, released them into the Upper Rockies, opened the California office, and gave the leftover funds to USFWS managers in bonus packages.

When this theft was documented in a General Accounting Office Audit and presented to the House Resources Committee, the Director was absent at the Hearing she was requested to attend.  When she and her underlings finally testified, the arrogance and contempt for American law and the American electorate was a copy of that noted in 1, 2, and 3 above examples.  Any prosecution or reprimand or accountability for the perps was lost in the approaching Presidential election. Any deterrence for other bureaucrats about ever losing a bonus or retirement for any transgression was not only foregone; the opposite or “we are untouchable” was the message sent to the “Lerners”, “Comeys” and “Holders” of the “Deep State”.

Recommendation

Each of these examples has 2 things in common:

  1. Excessive central government power in the hands of unelected political appointees and bureaucrats.
  2. Legal backing by elected central government politicians to enact and federal laws that implement political agendas disguised as “feel-good” goals such as “saving” species and wilderness, gun control, tax “fairness”, and fighting terrorism.

There is an approaching federal mid-term election coming upon us.  Some forecast the House and Senate ceding the majority to the other Party, while some forecast the opposite.  The majority Party is apparently shedding the bloc of politicians that fight the President and his proposals at every turn and the minority Party is putting forth a radical-socialism, mix based on Venezuela and Cuban governance.  It will be a tumultuous election with no guarantees.  That tumult is what has created an opportunity.

The harms and damage of the Endangered Species Act (and the Wilderness Act, FISA, and similar federal overreaches for “feel-good” purposes) can be greatly, if not entirely reduced by telling your federal politicians running for office and the incumbents that you want to amend the ESA.  Tell them you are concerned about having an environment as hospitable to truly endangered plants and animals AS CAN BE ENCOURAGED IN THE SETTLED LANDSCAPES OF THE LOWER 48 STATES WHERE YOU LIVE, WORK AND RAISE YOUR FAMILIES AND THIS DEPENDS ON LOCAL SUPPORT!

Then tell them “the problem has been and remains that there is no responsibility or accountability for the success or failure of these programs in either federal politicians that support the programs or the federal bureaucrats that administer them”.

Therefore, you want to amend the ESA to require that as of the following fiscal year, all endangered species actions other than listing must have the written concurrence of the Governor of the state in which any action shall be proposed to take place.  Such permission by the Governor should be a signed agreement for each species and include the end-point, funding to be available annually, compensation for likely negative impacts like cattle, sheep and big game losses and human and property losses due to  government actions or lack thereof.  Tell them if they won’t support this, you either won’t vote for them or you will vote for the other guy.  AMEND THE ESA is the sign you should put along the road for the local paper to run.

Do not be fooled by offers to “return management of this or that species to the state”: such “offers” disguise the precedent that what the feds “give” they can later take away under a future political situation.  Don’t be fooled by legislative proposals promising more “transparency” or “participation”: such things are meaningless smoke and mirrors.  Nothing, short of taking primary authority and jurisdiction for all non-treaty wildlife and plants from federal control and placing it back at the lowest (and therefore most responsive to people) level of government will work.  Two hundred years of American life proved no less.

I could go on, but your time is limited.  Suffice it to say that the Governor (include the state legislature if you will) is an official actually close to the impacts of such federal action and he (they in the case of the Legislature) can be recalled or voted out of office when things go south: that is not true with either federal politicians or bureaucrats when sheep are killed by “GI” (Government Issue) grizzlies or elk/moose hunting is destroyed by “GI” wolves.  Governors and state legislatures are more responsible and responsive than any federal politician or bureaucrat in nearly every state.

If you think this too hard to do, just picture Strzok or Comey smirking at the camera, or Holder defending the indefensible, or the discredited Koskinen explaining how the “computer ate my homework”.  Then think about your kids and grandkids in ten or 15 years when a President Elizabeth Warren and Vice President Alexandria Ocasio-Cortez are telling Secretary of the Interior Cameron Diaz to let those fires burn over onto private property and get rid of those ranchers, farmers and sheep herders so we can consolidate and expand federal land ownership.  If they still have the authority over these unjust federal laws solely in their hands without any check or balance, it can happen in a New York nanosecond, with or without Congress.

Either we get this under control soon or we can just say goodbye to the American experience.

Jim Beers

25 July 2018

If you found this worthwhile, please share it with others.  Thanks.

Jim Beers is a retired US Fish & Wildlife Service Wildlife Biologist, Special Agent, Refuge Manager, Wetlands Biologist, and Congressional Fellow. He was stationed in North Dakota, Minnesota, Nebraska, New York City, and Washington DC.  He also served as a US Navy Line Officer in the western Pacific and on Adak, Alaska in the Aleutian Islands.  He has worked for the Utah Fish & Game, Minneapolis Police Department, and as a Security Supervisor in Washington, DC.  He testified three times before Congress; twice regarding the theft by the US Fish & Wildlife Service of $45 to 60 Million from State fish and wildlife funds and once in opposition to expanding Federal Invasive Species authority.  He resides in Eagan, Minnesota with his wife of many decades.

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