©CAES Jan.24, 2018
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24 January 2018; CAES filed a formal complaint with the US Office of Congressional Ethics (OCE). We have alleged that Representative Chris Stewart (R-UT) did in fact commit ethics violations, and US Criminal Code Title 18 violations. We have also implicated several other elected officials in our complaint.
Conspiracy to Defraud – 18 U.S. Code § 371
“If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both.”
Code of Official Conduct – House Rule XXIII no. 1 – Damaging credibility of the House
“A Member . . . of the House shall behave at all times in a manner that shall reflect credibility on the House.”
Code of Ethics for Government Service No.1
“Any person in Government service should: 1. Put loyalty to the highest moral principles and to country above loyalty to Government persons, party, or department.”
Representative Stewart et al. are in government service and should put loyalty to the highest moral principles and to Country (80% of Americans and our American culture) above loyalty to the Secretary of the Interior, party, or department.
We have asked for several items of relief including that Representative Stewart et al. are sanctioned at a minimum and are no longer allowed to “lead” on this issue even behind the scenes, and that all votes following their false testimonies to Congress be stricken from the Congressional record.
Below read the entire complaint:
- Subject of Allegation U.S. Representatives Stewart, Amodei, Simpson, and Cole
- Date(s) the Alleged Conduct Occurred:
The alleged conduct started on April 27, 2016 to current.
Specifically, July 12, 2017 and July 18, 2017.
- Concise Statement of Facts: (As well as the source of the information, in the event that the person submitting the information does not have first-hand knowledge of the facts.)*
Dog and Pony Big Government Show – All Tools to Kill Our Wild Horses
Courtesy U.S. Representative Chris Stewart of Utah
By Patience O’Dowd, CAES 1/11/2017
STEWART HEARING REBUTTAL Final
Re: Entry into the Federal Lands Subcommittee record: Cost Analysis/Data for the Subcommittee on Federal Lands on Wild Horse and Burro Hearing of 6/22/16.
Lake Research Partners Poll – 80% of Americans disapprove of Horse Slaughter, 67% Strongly Disapprove. https://heatherclemenceau.wordpress.com/2012/07/20/survey-says/
Actual Poll Enclosed Attachment 2
BLM Statement: “BLM uses latest science” . . .
SCIENCE AND RESEARCH
“BLM uses the latest science in its efforts to ensure that viable populations of wild horses and burros can thrive on healthy public rangelands. For example, the BLM uses science to monitor rangeland vegetation, soils, water, wildlife habitat, and the effects of wildfire, and the BLM relies on sound science and monitoring data to determine appropriate management levels for wild horse and burro herds.
As part of its efforts to manage the population growth of wild horses on public rangelands, the BLM has supported the development of an effective contraceptive agent for wild horses since 1978. Over the years, attempts at different approaches — such as hormone implants, chemical vasectomies, and intrauterine devices — were tried, but abandoned as ineffective or impractical at that time.”
Affidavit Example from CAES President Dr. Lester Friedlander former USDA Veterinarian
This is an example of Affidavits to come from Dr. Lester Friedlander.
Overview of the Management of Wild Horses and Burros
A report presented to the National Academy of Sciences Committee to Review the Management of Wild Horses and Burros, Prepared by: Animal Welfare Institute October 2012
Attachment (additional) 7
Restoration of Riparian Areas Following the Removal of Cattle in the Northwestern Great Basin
Bachelor, J. L., Ripple, W. J., Wilson, T. M., & Painter, L. E. (2015). Restoration of
Riparian Areas Following the Removal of Cattle in the Northwestern Great Basin.
Environmental Management, 55(4), 930-942. doi:10.1007/s00267-014-0436-2
STATEMENT OF FACTS
Citizens Against Equine Slaughter contends that Representative Stewart et al. (Representatives Amodei, Simpson and Cole) are in conspiracy as well as Congress, against the people of the United states in an attempt to defraud them of their (property) their natural resource (federally wild horses).
- Wild Horses have been managed under the Department of Interior’s Bureau of Land Management and the United States Department of Agriculture’s Forest Service since Dec 18, 1971 under Public Law 92–195. This was enacted due to overwhelming public pressure to protect wild horses from animal cruelty as well as preserve them for future generations.
- An independent poll by Lake Research Partners in 2012 showed that 80% of Americans strongly oppose horse slaughter. This poll was administered with similar results in New Mexico, Missouri and Oklahoma. The National Poll is widely and openly discussed during the committee meetings in question. The stated results of this poll are not under debate and it is taken as fact during Congressional discussions in committee.
- On 2013 The National Academy of Sciences published their consensus review entitled Using Science to Improve the BLM Wild Horse and Burro Program: A Way Forward(2013)
Consensus Study Report https://www.nap.edu/catalog/13511/using-science-to-improve-the-blm-wild-horse-and-burro-programFINDINGS:
FINDING: On the basis of the information provided to the committee, the statistics on the national population size cannot be considered scientifically rigorous.FINDING: Management practices are facilitating high horse population growth rates.
FINDING: The most promising fertility-control methods for application to free ranging horses or burros are porcine zona pellucida (PZP) vaccines, GonaCon™ vaccine, and chemical vasectomy.
FINDING: Predation will not typically control population growth rates of free ranging horses.
“A large predator, when abundant, can influence the dynamics of free-ranging ungulates. However, the potential for predators to affect free-ranging horse populations is limited by the absence of abundance of such predators as mountain lions and wolves on HMAs
- BLM Statement Regarding Science:“BLM uses the latest science in its efforts to ensure that viable populations of wild horses and burros can thrive on healthy public rangelands. For example, the BLM uses science to monitor rangeland vegetation, soils, water, wildlife habitat, and the effects of wildfire, and the BLM relies on sound science and monitoring data to determine appropriate management levels for wild horse and burro herds.“As part of its efforts to manage the population growth of wild horses on public rangelands, the BLM has supported the development of an effective contraceptive agent for wild horses since 1978. Over the years, attempts at different approaches — such as hormone implants, chemical vasectomies, and intrauterine devices — were tried, but abandoned as ineffective or impractical at that time.”
There is no stated reason and in fact there is no factual reason why humane and feasible ‘On Range Management’ with contraception cannot be used.
- The BLM has only utilized PZP (Native PZP and PZP 22) on less than 1% of the wild horses. PZP 22 is less effective than PZP which is known to the BLM. PZP 22 should be used with a booster.
- Legally wild horses are not livestock. 29 CFR 780.328 – Meaning of livestock. The term “livestock” includes cattle, sheep, horses, goats, and other domestic animals ordinarily raised or used on the farm. This is further discussed in 780.120.780.120 Raising of “livestock.” “The meaning of the term “livestock” as used in section 3(f) is confined to the ordinary use of the word and includes only domestic animals ordinarily raised or used on farms.”
- Wild, undomesticated horses are not estray because they are not livestock – Wild Horse Observers Association (WHOA) v NMLBTherefore: Wild horses are protected by the federal, state and local animal protection laws of the states once captured.Wild Horse Observers Association, Inc., Plaintiff–Appellant, v. New Mexico Livestock Board, Defendant–Appellee, and Susan Blumenthal, Ash Collins, Susan Collins, Jon Couch, Peter Hurley, Judith Hurley, Zane Dohner, Carolyn E. Kennedy, Lynn Montgomery, Joe Neas, Mike Neas, and Pamela Neas, Defendants by Intervention–Appellees.
- Alternate Citation: 2015 WL 4712152 (N.M. Ct. App., 2015)
- Judges: MICHAEL D. BUSTAMANTE CYNTHIA A. FRY SUTIN
- Attorneys: Steven K. Sanders, Steven K. Sanders & Associates, LLC, Albuquerque, NM, for Appellant. Andrea Buzzard, Karen Budd–Falen, Budd–Falen Law Offices, LLC, Cheyenne, WY, for Appellee. David G. Reynolds, Corrales, NM, for Intervenors.
- Docket Num: No. 34,097
- Native PZP has been used successfully for over 25 years under the Department of Interior’s National Parks at Assateague National Park with On Range Management. A 48,000-acre remote island. No adoptions or roundups.
- Animals have been successfully darted in the African continent for decades. Two PZP scientists have both stated that PZP is easy to dart from helicopter. One has stated it is much more humane than helicopter roundups as it is very quick.
- Representative Stewart, Amodei, and Simpson specifically led Congress, along with the BLM to ignore Science, ignore animal humane laws: The Burns Oregon BLM planned an illegal surgical sterilization, ovariectomy experiment which even classifies as vivisection experiments:Mare Sterilization Research Environmental Assessment DOI-BLM-OR-B000-2015-0055-EA
Decision of Record: https://eplanning.blm.gov/epl-front-office/projects/nepa/56292/75587/83697/Decision_Record_-_May_2016.pdf
Final Environmental Assessment: https://eplanning.blm.gov/epl-front-office/projects/nepa/56292/75587/83698/Final_Environmental_Assessment_-_May_2016.pdf
Finding of No Significant Impact: https://eplanning.blm.gov/epl-frontoffice/projects/nepa/56292/75587/83699/Finding_of_No_Significant_Impact__M_2016.pdfNational Academy of Sciences “The possibility that ovariectomy may be followed by prolonged bleeding or peritoneal infection makes it inadvisable for field application.”
- The Burns Oregon plan for Ovariectomy sterilization experiments was stopped by Citizens Against Equine Slaughter (CAES) Administrative Appeal once the BLM understood that the IBLA was not going to dismiss the CAES Appeal based on standing. The BLM had designed their sterilization experiment in a way that would potentially make it next to impossible to gain standing in court.The public did not know where the horses came from, and that more were coming or where more would be coming from. Also, people had not been going to the remote location holding pen at Burns Oregon to view and aesthetically enjoy the wild Horses in a corral awaiting their fate, in general.However, CAES both retained conversations with the Burns BLM staff which disclosed information that was not in the information available to the public, regarding where further wild horses would be culled from, and, CAES Board member Ms. Cecama-Hogsett as a disabled citizen had visited the remote Burns Oregon horses in their holding pens.
(Ms. Hogsett states that citizens with disabilities are often unjustly barred from their due process rights to gain standing due to inabilities to go out into the field.)
The BLM motioned the IBLA to dismiss all three Administrative Appeals on standing, however the IBLA could not, and did not, dismiss the CAES et al. appeal. Hence after multiple rounds of briefing, regarding the CAES Administrative Appeal and Motion for Stay, the IBLA did not dismiss CAES on standing, the BLM then withdrew their sterilization plans, (Vacate and Remand). This in turn ended the other two court cases FRER and FOA filed against this experiment as determined by a PACER review. There were no other court cases opposing this experiment that could be located on PACER.
IBLA 2016-243 Citizens Against Equine Slaughter et al.
Wild Horses and Burros
Motion to Vacate and Remand Granted.
Excerpt – footnote 2 from Defendants Motion to Vacate pg. 2 https://citizensagainstequineslaughter.files.wordpress.com/2017/06/20160909-caes-ibla-motion-to-vr-mare-sterilization-research-ea.pdf excerpt pg. 2 footnote 2.
“2 Two other appeals (with accompanying petitions for stay) challenging the DR were filed with the Board: Janet Lynch, IBLA No. 2016-238 and Susan Carter, IBLA No. 2016-242. BLM filed motions to dismiss both those appeals for lack of standing and the Board granted those motions and dismissed both appeals in separate orders on September 7, 2016. Thus, this appeal is the only pending appeal of the DR before the Board. “
Citizens Against Equine Slaughter (CAES)
https://citizensagainstequineslaughter.files.wordpress.com/2017/06/20160909-caes-ibla-motion-to-vr-mare-sterilization-research-ea.pdf excerpt pg. 2 paragraph 1
“On September 9th, 2016 Before the Board could rule on either the appellant’s stay petition or BLM’s motion to dismiss, counsel for BLM filed a Motion to Vacate and Remand.”
“Before the Board could rule on either the appellant’s stay petition or BLM’s motion to dismiss, counsel for BLM filed a Motion to Vacate and Remand.”
The Motion to Vacate and Remand was then communicated to the two other court cases filed and which had not yet established standing as there had been no rounds of briefing yet but had been filed well before the BLM vacated. These two court cases ended on 9/12/16, one was Front Range Equine Rescue and the other was Friends of Animals.
There was reportedly a third court case, filed by a BLM Advisory Board member in collaboration with another wild horse advocacy group, to watch the experiments, but not to stop them. There was a filed and stamped case no. reported for this case, however, for some reason, this case and its case number could not be found in the Pacer system. This Advisory Board member (and those organizations party to the case) also reported that this third court case to watch the experiments had actually stopped the sterilization experiments, as did the other two organizations who had filed lawsuit.
- The IBLA decision in the Citizens Against Equine Slaughter Administrative Appeal IBLA 2016-243 ruling is not listed on the chronological listing of IBLA decisions and neither is that of Janet Lynch.https://www.doi.gov/oha/organization/ibla/Finding-IBLA-Decisions/Cumulative-Chronological-Index-of-Cases/calendar-year-2016
- Representative Stewart confirmed his leadership or claimed his leadership role on April 27, 2016 where he stated to the House of Representatives, “wild horses are taking over the ranges”, “I grew up ranching” and “Help me solve this problem” while discussing alleged BLM planned cattle removals from BLM lands.Rep. Stewart Urges for More Local Control of Wild Horses in speech on the House Floor on April 27, 2016. https://www.youtube.com/watch?v=-uPFMAE49NM 00:00:20, 0:00:25, 00:1:05
- Representative Stewart has utilized one picture of a thin mare and her foal in the Cold Creek herd, the only incident in 46 years since the 1971 Act was passed. He has used this picture as an aide to help him convince Congress that we will have “tens of thousands of animals that look like this out on the range.” Which he stated on May 25, 2016
https://stewart.house.gov/media-center/press-releases/rep-chris-stewart-calls-for-bipartisan-solution-to-the-overpopulation-of @ 00:01:08
- Representative Stewart brought the Stewart Amendment to the House on May 25, 2016This Amendment allows for the BLM to transfer any wild horses to any requesting federal state or local government requesting a work animal. The provision prohibits these horses from ever being slaughtered. However, this is not legally enforceable because upon “transfer” the horses would lose all Federal Protection status and would then become property of the transfer recipient.This is another major change in policy which, past issues with the BLM have shown, increases likelihood of selling large numbers of wild horses to the same buyer where those horses ended up at slaughter or at auction to known slaughter buyers.
- Representative Stewart again utilized this one picture of a thin mare and her foal of Cold Creek of the only incident in 46 years since the 1971 Act was passed, a second year in a row on July 18, 2017 in the Interior Appropriations Committee meeting, to convince Congress that:
“these horses are starving, they’re destroying the range, they’re crowding out the deer and the elk because we cannot manage them”Representative Stewart does not mention in committee any investigation into any mismanagement or root cause investigation of this one incident at Cold Creek. However, Representative Stewart states that:
“these horses are starving, they’re destroying the range, they’re crowding out the deer and the elk because we cannot manage them” and that “I desperately want to protect them” though Representative Stewart is actually working to provide to the Secretary of the Interior, all the tools to kill these wild horses, both by slaughter for human consumption, and mass euthanasia.
https://www.youtube.com/watch?v=thGTKpf8PW4 @ 02:50:46 andRepresentative Stewart is serving the Secretary of the Interior’s stated desires in this, however not the overwhelming majority of the people in this country.
- Representative Stewart along with Representative Hatch work to protect ranchers.
https://stewart.house.gov/media-center/press-releases/stewart-and-hatch-introduce-bills-allowing-states-to-manage-wild-horses“The BLM is neither capable nor equipped to manage wild horse populations, and federal stewardship has allowed their numbers to reach unsustainable levels,”
Sen. Hatch said. “Deferring management authority to states and tribes is a commonsense solution that will mitigate the devastating ecological consequences horse overpopulation is causing to public lands in the West. Ranchers shouldn’t have to pay such a steep price for the federal government’s inability to manage wild horse populations successfully.”There is no mention of the taxpayer support of ranchers and no mention of the number of non-native cattle on these same public lands.
- Representative Stewart et al. has worked legislatively to have wild horses managed by unlimited sale on May 25, 2016, by slaughter for human consumption on July 12, 2017, and by killing them en-masse on July 18, 2017.He started out with H.R.5058 – Wild Horse Oversight Act July 10, 2014
A BILL: To amend the Wild Free-Roaming Horses and Burros Act to provide for state and tribal management and protection of wild free-roaming horses and burros, and for other purposes. https://www.congress.gov/bill/113th-congress/house-bill/5058
- Representative Stewart does not mention in committee any investigation into any mismanagement or root cause of this one incident at Cold Creek, however on July 18, 2017 Stewart states that:“these horses are starving, they’re destroying the range, they’re crowding out the deer and elk because we cannot manage them”
https://www.youtube.com/watch?v=thGTKpf8PW4 @02:50:46 in hearing or 3:05 on this link.In contrast, on April 27, 2016 to the House, he had stated that “I desperately want to protect them.” However, Representative Stewart is actually working consistently to kill these wild horses, using both slaughter and euthanasia as shown by his amendments and his votes.
- Representative Stewart has specifically stated in the Interior Appropriations committee on July 18, 2017, “All we are asking is to give the Department of Interior, what the Secretary has asked, in fact what he has begged for, the tools to manage.”Full Committee Markup FY 2018 Interior Appropriations Bill
July 18, 2017 https://www.youtube.com/watch?v=thGTKpf8PW4 @ 2:50:55 committee or 3:14 on this short.Also see quotes of Representative Stewart et al. in Attachment 1 regarding Horse slaughter.
The tools Mr. Stewart is working toward are ALL the tools to kill for the Secretary of the Interior, rather than the people and the resource for the country.
- If Horse slaughter is started up in the United States and there is no “rider” disallowing monies being spent to kill wild horses, wild horses may be sent to slaughter.
- Representative Stewart et al. have not discussed or asked for any investigation during committee, into food safety issues regarding horse meat, though there is a Food Safety Act H.R. 113 – Safeguard American Food Exports Act of 2017, and which 208 House Representatives are currently co-sponsoring.https://www.congress.gov/bill/115th-congress/house-bill/113/cosponsors
- MISLEADING with intent/conspiracy*/cover-up/collusion/credibility for the House, out the window – Representative Stewart brought an amendment to the House Interior Appropriations Committee on July 18, 2017 that would allow healthy federally wild horses under the 1971 Act to be euthanized. Representative Stewart defended this amendment with non-specific rhetoric, not with factual information, including much misinformation regarding the BLM’s brutal planned illegal surgical sterilization experiment on 200 conscious mares, with 75 of them being pregnant and all of them in filthy field conditions intentionally.
PZP/contraception studied at Burns Oregon.
This amendment passed, in part at least due to their false testimony. Representative Stewart was in a position to know this was false testimony, heard this false testimony previously on July 12, 2017, and called on Representative Amodei to give this false testimony again in July 18, 2017.
*“Conspiracies are typically proved by circumstantial evidence. “Since such participation, cooperation or unity of action is difficult to prove by direct evidence, it can be inferred from the nature of the act done, the relation of the parties, the interests of the alleged conspirators, and other circumstances.”(Rickley, supra, 212 Cal.App.4th at p. 1166, internal citation omitted.)
*“Furthermore, the requisite concurrence and knowledge “may be inferred from the nature of the acts done, the relation of the parties, the interests of the alleged conspirators, and other circumstances. Tacit consent as well as express approval will suffice to hold a person liable as a co conspirator.” (Wyatt, supra, 24 Cal. 3d at p. 785, internal citations omitted.
Full Committee Markup FY:18 Interior Appropriations Bill
02:55:48 Stewart Misleading
“We have been trying to use contraceptives as an answer for 30 yrs. and it simply is impractical.”
“The repeated inoculations, it just simply hasn’t worked.”
“I would like to yield 30 seconds to Mr. Amodei, he has more insight on this.”
Representative Amodei Misleading
“BLM has been trying to do a pilot program in Burns Oregon and were sued by an outside group, I don’t know the name, so I’m not pickin on anybody. Just stop it, and so, obviously that is something that needs to be explored, because quite frankly, I don’t think anybody in this room disagrees that the status quo isn’t working. Birth control is something that should be taken a look at and used if appropriate but when you get, outside groups suing a pilot program to see how that works, it’s a problem, so I think there’s room here for leadership in terms of going, we need to weigh in cause quite frankly we’re where we’re at where people were here before us, quite frankly, have kicked it down the road with a can sitting at our feet.”
Representative Simpson Misleading
“PZP beautiful, just hasn’t been working, BLM’s been trying it. That’s why they tried to pilot program in Burns, that’s why they were sued. We can’t seem to move off this but the reality is you think your being kind to horses, you’re not, letting them starve out on the range. Ms. McCullough has gone out and seen em. Some of you that talk about this need to actually go see what’s happening instead of just talkin. It is a problem and we are spending in this bill 80 million dollars. The former BLM director came to me one day a couple years ago and had an idea. You . . .” “Nobody’s adopting these things”. Then Representative Simpson essentially made a very inappropriate joke about a “silver bullet”
These were not “PZP”, “contraceptives” or “birth control” experiments.
Mare Sterilization Research Environmental Assessment DOI-BLM-O R -B 000-2015-0055-EA
https://eplanning.blm.gov/epl-front-office/projects/nepa/56292/67242/73184/MareSterilizationResearchEA_12172015.pdfUSDI, Bureau of Land Management Burns District DECISION RECORD Mare Sterilization Research Environmental Assessment DOI-BLM-OR-B000-2015-0055-EA https://eplanning.blm.gov/epl-front-office/projects/nepa/56292/75587/83697/Decision_Record_-_May_2016.pdf
- Representative Stewart et al. has neither mentioned the National Academy of Sciences Report (NAS) Report in committee hearings where they are lobbying for unlimited sale authority, slaughter, and mass euthanasia of federally wild horses, nor have they called for any investigation as to why: the Department of Interior was not using contraception, why the USDA Wildlife services is spending more annually on the killing of natural predators of the horse than on the entire National Wild Horse and Burro budget or why specifically called on Representative Amodei to cover up a heinous illegal act planned by the BLM on July 18, 2017 in support of his amendment to mass euthanize the federally wild horses.Current Off Range, Fiscally Irresponsible, and Illegal Miss-Management:
Representative Stewart et al. have also covered up the BLM’s willful lack of management against their statutory duties, while the livestock industry is enriched, in turn gathering, removing and housing these wild horses, inhumanely living in large holding pens, on private property, (at 7 to 8 dollars/day according to Representative Cole) in unnatural familial conditions, unnatural physical conditions, after brutal stampede round-ups akin to putting a baby on a highway and telling it to not get hit and to keep up, while causing animal fighting due to natural hierarchies and extreme chaos, fright, constituting extreme animal cruelty under color of law. Even in these holding pens, the BLM has admitted to a %5 death rate just due to normal handling. Young sick old and pregnant are run in stampede conditions for miles while stallions die trying to free them once in the mass collection chutes. Stallions escape and come back to try and free their families. There are no cameras on these helicopters which swoop cruelly close, sometimes touching them to move/herd these horses by stampede for miles across rough terrain. Much of these stampede runs for miles are not in the viewing area of the public. This is all, unnecessary and does constitute extreme animal cruelty according to the patchwork of animal welfare laws, federal, state, and locally and as according to Dr. Lester Friedlander BA DVM. Again, wild horses are not livestock and are subject to these animal welfare laws which the BLM/USDA Forest Service and Congress have illegally ignored, along with the will of the people, with intent to wipe out this resource belonging to the people.Mares have given birth on the run and babies left behind. Babies have worn their feet off. Wild horses do not normally stampede. Out of view, horses go down, and once corralled, mares give birth to babies that then die. In nature, stallions spend most of their time and energy keeping their family away from other stallions, not pushing them onto a highway at breakneck speeds across rough terrain with young, old and sick underfoot, mixing up and losing their family members. BLM workers say wild horses choose new families all the time, forgetting that routine round ups are the major cause of that. Wild Horses conserve their energies in case of a predator attack, they do not normally run in this type of group stampede. This is all unconscionable. This is shown by the USGS Ethology referenced in Attachment 1.
These are the kind of behaviors that the 1971 Act was passed to stop, but due to special interest pull, ignoring the FACT that these wild horses are not Livestock and are protected by ALL the animal welfare laws, and misuse of appropriations legislation which the House is responsible for, we are now moving from these current abuses to outright killing of these wild horses against statutes and against the will of the people and our constitutional rights to property, thanks to Representative Stewart of Utah et al. Documentation available upon request.
One woman, Ms. Leigh of Wild Horse Education has spent much of her adult life on the range documenting and fighting these horrendous roundup practices, gaining standing and working to decrease these abuses.
Many Wild Horse photographers have documented these beautiful and inspirational families of wild horses.
This writer’s New Mexico non-profit, Wild Horse Observers Association (WHOA), stopped helicopter roundups in NM being done by the USDA Forest Service in 2004, and worked to stop the BLM from re-implementing this from an adjacent BLM property, however reasonably understands that helicopters and other set-ups can be and are used by veterinarians and others for humane and feasible darting, in a humane manner. (Documentation available.)
Representative Stewart’s own Governor Gary Herbert of Utah has admitted on camera in 2017, to this writer, that helicopters could instead be used (briefly and humanely), for humane darting of contraception. This would take seconds per horse, a very short run, and can be accomplished at 50 meters rather away than swooping down on them in roundup fashion. Documentation available upon request.
On July 5, 2016 we also sent this information (see Attachment 2) in detail previously to: firstname.lastname@example.org Re: Entry into the Federal Lands Subcommittee record: Cost Analysis/Data for the Subcommittee on Federal Lands on Wild Horse and Burro Hearing of June 22, 2016.
- Cattle are non-native ruminants. See data and references in Attachment 1 regarding numbers of Cattle relative to native deer, elk, and native wild horses.
- Horses are not ruminants and are indeed native to Northern American and evolved here and only here in North America for over 55 million years, current form about 2 million years old, gone from North America only 7 to 13 thousand years in which time, the grasses did not evolve in any way significantly. See WILD HORSES AS NATIVE NORTH AMERICAN WILDLIFE: https://awionline.org/content/wild-horses-native-north-american-wildlifeWild Horses: An Excellent Defense for a Returned Native Species – Ross MacPhee (Curator, Dept Mammalogy, Division of Vertebrate Zoology) – 2012 McPhee – (Excerpt)“It is worth noting that dozens of other species in addition to native horses died out at the close of the Pleistocene, in an episode termed the megafauna extinctions. The only major difference is that, long before 10,000 bp, E. caballus had established itself on other continents (South America as well as Eurasia) by crossing land bridges. There they survived. Reintroduction to North America 500 years ago is, biologically, a non-event: horses were merely returned to part of their former native range, where they have since prospered because ecologically they never left.
Whether these considerations should play a role in policy decisions I leave to others. At the same time, it needs to be more widely understood that the horse’s status as a native North American species is beyond serious question, whatever side of the debate over wild horse control one leans toward.
Ross MacPhee, PhD
Division of Vertebrate Zoology
American Museum of Natural History
New York NY 10024
- Wild Horses are not self-limiting as are kangaroos. Wild horses evolved with natural predators in North America. They unlike ruminants, (bovine/cattle) have upper front teeth and mow rather than pull flora out of the ground. Their digestive system unlike bovine, do not usually kill seeds, but instead spread seeds and cause quicker germination.
- Representative Stewart knew what Amodei would say when he called on him see number 24 in the Interior Appropriations meeting because he heard him cover up the Burns Oregon sterilization experiment during the Agricultural Committee meeting on July 12, 2017.
- Representative Stewart has specifically called on Representative Amodei to cover up this heinous illegal act planned by the BLM and to also cover up how it was stopped in support of his amendment to mass euthanize the federally wild horses. Again, @ 2:56:09 July 18, 2017 https://www.youtube.com/watch?v=thGTKpf8PW4
- Representative Stewart has specifically called on Representative Amodei to disparage the scientific solution as determined by the National Academy of Sciences when he both supported and covered up the BLM’s heinous plans to illegally vivisect 200 wild mares with 75 of them pregnant in a filthy environment act planned by the BLM and said it was a birth control experiment. @ 02:56:23 July 18, 2017 https://www.youtube.com/watch?v=thGTKpf8PW4
- Representative Stewart has specifically called on Representative Amodei to also claim that an NGO or “outside group” had halted the BLM at Burns Oregon from performing a birth control experiment essentially making the false case that the BLM now had no solutions available outside of KILLING.
- Representative Stewart has specifically called on Representative Amodei to also claim that an NGO had halted the BLM at Burns Oregon from performing a birth control experiment essentially making the case that the BLM could not use contraception without further experimentation when in fact, PZP has been in use successfully under the DOI’s National Park Service at Assateague National Park for approximately 30 yrs. (this number referenced by Stewart) with no adoptions and no roundups necessary. This is a 4800 acre area which is remote and well documented. There are other herds, McCullough Peak, Pryor Mountain as well as horses along the east coast, the Corolla herd, Shackleford Banks and more as well as other species.
- Representative Stewart knew or should have known what Representative Amodei would testify as he was in the room when Representative Amodei stated this same false statement on July 12, 2017.
- Representative Stewart then specifically mislead our entire nation in his Christmas Day Op-Ed to the NY Times entitled, The Hard Truths About the West’s Wild Horse Problem. December 25, 2017. While he had this article published as “Chris Stewart” rather than Representative Chris Stewart, we believe he used his position as a Representative to gain access to the NY Times, and then specifically mislead the Nation as follows:Chris Stewart told the nation falsely that contraception could not possibly work because: 1. You could not use birth control on a pregnant mare and 2. That wild mares are always pregnant. Hence, basically you cannot even use it on wild horses.Mr. Stewart falsely prepared the Nation for the FALSE NEED to STEAL and KILL their wild horses that unify them, inspire them, are a natural resource belonging to them, the people of this Nation. This all to show favor to the two special interests involved in kill industries.
- Ms. O’Dowd publicly informed the NY Times of this falsehood on December 27, 2017 and the Times posted an online correction on December 29, 2017. However, the damage was done.
- Representative Stewart quietly voted FOR horse slaughter on July 12, 2017 in the Agricultural Committee. However just 6 days later…… in the Interior Appropriations Committee Stewart lobbied then for a second TOOL to KILL the Nation’s horses, mass euthanasia. Here he manipulated, contrary to his own recent pro-horse slaughter for human consumption vote, that:“I do not see horses as Food Animals”, “I see horses as companion animals”, and “I would never eat horse meat”. He even went so far as to say he’s eaten a bunny’s eyeball, fungus, and slugs, but not horse meat.This was his manipulation to gain a second tool for the Secretary of the Interior versus the people, to kill our nation’s wild horses. This committee did pass the Representative’s amendment by voice vote.
- Stewart et al. have ignored the BLM’s years of mismanagement and the BLM’s ignoring the recommendations of the NAS study for years, and then later convened at tax payer expense two more panels of experts, the United States Geological Survey (USGS Panel) and the National Research Council Panel (NRC Panel), (from Case 1:16-cv-01570-CKK). Hence, the BLM continued to mismanage for years and to search and spend tax payer dollars, in order to facilitate the evasion of the rule of law, under color of law and perform illegal and inhumane experimentation under the guise of further experts, albeit not in agreement per Case 1:16-cv-01570-CKK.
- CKK. Excerpt from Attachment 1- Representative Cole joins in the manipulation of the House of representatives, falsely, for a complete package to convince the House that these wild horses cannot be managedRepresentative Cole of Oklahoma, who though recognized by Time Magazine as “one of the sharpest minds in the House,” and a registered member of the Chickasaw Nation, astoundingly and sadly ignored his heritage as well as science when he testified that: horses “are not indigenous to this continent”, they have “no natural predators when it’s out there on the plain”, and “It’s the biggest fastest thing out there out there on the plain” (sic). Cole’s testimony was a gross misrepresentation of the simplest of wildlife facts, in order to support horse slaughter of wild horses. Contrary to his erroneous testimony to the House Appropriations committee on July 12, 2017, horses are in fact outrun by all their existing natural predators: mountain lions, bears, wolves and coyotes. And some bears are a larger “thing” than a horse.Natural Predators Outrun the Horse
Mt Lion-50 mph Coyote-43 mph Brown Bear-40 mph Wolf-37 mph Black Bear-35 mph
These natural predators of the horses are also being wiped out by our special interest government, at $100 million/year by the USDA. This is more than the DOI spends on the nation’s Wild Horse and Burro program, at only $79 Million/year Cole’s pro-slaughter vote went directly against the majority of his constituents, of whom 60% are opposed to horse slaughter (Lake Research Poll) as are all Americans at 80%. To his credit, Representative Cole does self-identify as a rancher advocate, on his web pages.
- Cattle far outnumber wild horses on public lands by any count, any year, by orders of magnitude. See Attachments.From the House Ethics Manual:General Ethical Standards
Government is a trust, and the officers of the government are trustees; and both the trust and the trustees are created for the benefit of the people.
“That ―”public office is a public trust” has long been a guiding principle of government. To uphold this trust, Congress has bound itself to abide by certain standards of conduct, expressed in the Code of Official Conduct (House Rule 23) and the Code of Ethics for Government Service. These codes provide that Members, officers, and employees are to conduct themselves in a manner that will reflect creditably on the House, work earnestly and thoughtfully for their salary, and that they may not seek to profit by virtue of their public office, allow themselves to be improperly influenced, or discriminate unfairly by the dispensing of special favors. “
-Henry Clay, Speech at Ashland, Kentucky, March 1829.
These acts, and plans are both unethical and illegal.
- These three plans/options being promoted by Stewart et al. as well as the cover ups constitute:
- Unequal Protection under the law and retaliation: The People versus special interests. Moreover, special interests that the people are paying billions of dollars/year to in subsidies already, which then can be used against us.
- Conspiracy to Defraud – 18 U.S. Code § 371
“If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both.”
- Code of Official Conduct – House Rule XXIII no. 1 – Damaging credibility of the House“A Member . . . of the House shall behave at all times in a manner that shall reflect credibility on the House.”
- Code of Ethics for Government Service No.1
“Any person in Government service should: 1. Put loyalty to the highest moral principles and to country above loyalty to Government persons, party, or department.”Representative Stewart et al. are in government service and should put loyalty to the highest moral principles and to Country (80% of Americans and our American culture) above loyalty to the Secretary of the Interior, party, or department.
- Code of Ethics for Government Service No.2
“Any person in Government service should: 2. Uphold the Constitution, laws, and legal regulations of the United States and of all governments therein and never be a party to their evasion.
- Extreme Animal Cruelty: Horse slaughter, mass euthanasia and unlimited sale authority also constitute extreme animal cruelty, per former USDA veterinarian Dr. Lester Friedlander BA, DVM, with no follow-up ability to ensure safety and responsibility.
- Unethical and Illegal: These state and local laws are a patchwork and essentially overturns the Burns Act of 2004 passed in the eleventh hour as a rider on an appropriations bill; as well as disallow any current action to slaughter or mass euthanize federally wild horses.These types of policy and public law changes of these magnitude and gravity are a misuse and abuse or underhanded manipulation of: CFR 40 1508.18
- Not Livestock: Our Nation’s wild horses are subject to state and local animal welfare laws of the states they are in, as well as those of the federal government unlike livestock. Moreover, they are not raised as food animals and are at risk of having others horses in their midst from other areas.
- Slaughter Poses Environmental Risks including: Horses rejected for slaughter or that have travelled far en-masse to get to slaughter, may pose a health issue to other area livestock.
- State Law Patchwork: Our state and local animal welfare laws constitute a patchwork of laws making these plans unconstitutional as well as statutorily illegal. Moreover, some wild horses are rounded up in some states and subject to those states laws, and then transported to other states and subject to those laws.
- Property Rights, Federal and State: It is unconstitutional to take our property, our resources: by voluntary and/or intentional mismanagement, causing a problem, then stealing the resource that is supposed to be protected and preserved. This is tantamount to racketeering by our own government. The amount of disrespect to the people, their resource, government by representation, and their constitution is unfathomable.
- Regulatory Taking: While these wild horses are not private property, this is a taking nonetheless and we the people take this personally as we know many of these individual horses personally.
- Arbitrary and Capricious: There has been no scientific study, no associated fiscal study calling for these actions, only speculative, one-sided, and incomplete, fiscal information.
- Food Safety: These actions are against international food safety, animal welfare, the constitution, our laws, the statutes, our American Culture, and the will of the people.
- Violation of the Administrative Procedures Act: 5 USC 702
- Violation of the Wild Free Roaming Horses and Burros Act. Many violations of this Act.
- Violation of the Antiquities Act. Inaccurate census and insufficient genetic viability studies, human culture affects, aesthetic effects, etc.
- Violation of National Environmental Policy Act. Insufficient due process, options, alternatives, basis, studies, cause, public input, etc.
- Lack of Due Process: The government abuses the appropriations process to hold the people hostage and change policies and laws without reasonable due process in complete opposition to the 80% of Americans opposed to horse slaughter as well as in opposition to mass euthanasia and unlimited sale authority, all the comments and petition signatures received.
- Insufficient Cause/Basis Given: 40 CFR 1508.17 Legislation: There has been no request by Stewart et al. for a legislative impact statement to the BLM or to the Department of Interior. There has been no Environmental Impact Statement on genetic viability, behavioral affects, human effect, cultural effect, animal welfare, feasibility, environmental, etc.
- Unequal Protection: While the livestock industry is compensated for a bad year, the taxpayer and the wild horse advocates are hit twice, in their taxes, and then in their time, donations and personal concern over this resource and its individuals which we/they photograph, study and aesthetically enjoy.
- Lack of Leadership: There has been no significant interagency sharing visible between the National Park Service that utilizes wild horses for tourism as well as utilizes Native PZP/Contraception to manage population, and the BLM which are both under the DOI, as well as no sharing between the National Park Service and the USDA FS and the BIA as well.
- Congressman Stewart has even misused the media which is supposed to be a check and balance in our system of government, to misinform the people on Christmas Day regarding contraception of wild mares. The NY Times correction this writer requested came 4 days late. This Op-Ed, though freedom of speech, was a manipulation and betrayal of his office as a United States Representative.
- Under Color of Law: Theft and all of the above, and below, under color of law.
- Due Process/Standing: Congressman Stewart et al. in effect told the “outside group” (CAES) to “STOP”, and told Congress that their “leadership” is needed, rather than that of the people’s. They ask Congress to ignore the will of the people and to allow these most heinous experiments, and entirely illegal and unnecessary killing in any manner possible, our nations unifying force, the wild horse.
- They abuse the Appropriations process statutorily. They abuse the media, our check and balance. They assist the BLM in its designs to do whatever the Livestock industry wants and are OK with the rogue Bureau of Land Management (BLM) designing its illegal, unwholesome and freakish experiments in a manner to try and ensure that no citizen or group will have standing to oppose them.To wit, only CAES passed the legal test of standing, and once it did, the BLM dropped the most heinous illegal experiment. This experiment and the lengths they have gone to HIDE it and to COVER UP, show that BLM is indeed a ROUGE AGENCY and that this is due largely to conspiracy with Congress, against the people of the United States of America.
WHEREAS CAES requests relief with all due respect which includes the following:
CAES asks: Congress itself to “STOP” its illegal pandering to the Livestock industry and START requiring the Bureau of Land Management to respect our nation’s cultural UNITY around it’s wild horses and end its illegal rouge actions and plans.
CAES asks: Congress to STOP the divisive tactics regarding the best alternative to the illegal killing of our wild horses, including allowing our government’s own EPA calling our unifying cultural heritage a “Pest” and hence, then calling the humane, non-toxic, non-hormonal contraceptive native PZP, made only of protein and oil as a immune-contraceptive a “pesticide”, hence promoting fear for usage of this contraceptive or PZP22.
CAES asks: Congress to STOP, any funding for killing our nation’s wild horses.
CAES asks: Congress to pass the SAFE Act HR 113, for food safety and to thereby STOP the hidden dumped horse issues in our border states with Canada and Mexico CAUSED by Kill Buyers dumping of horses rejected at these borders due to pregnancy, etc. which are then politically and dishonestly used to promote horse slaughter.
CAES asks: Congress to REQUIRE on range management per the SPIRIT and INTENT of the 1971 Act. With the constant round ups and small herd sizes, and refusal to utilize PZP immune contraception though it would be so very easy, (for example BLM at Socorro NM) there is a very low possibility that any number of wild horses, actually live out their lives on the range, in complete ignorance of the SPIRIT and INTENT of the 1971 Act.
CAES asks: Congress to disallow removals from herds protected under the 1971 Act that the BLM states are too small to utilize PZP due to genetic viability as removal of genetics is far worse than stopping births to the point where births equal attrition. Hence, stopping the “need” for removals.
CAES asks: Congress to stop the illegal use of it’s Appropriations process’ to promote the death of America’s wild horses and the slaughtering of both its wild hoses and its owned horses.
CAES asks: Congress to END all off-range management and hence round ups within 1 yr.
CAES asks: Congress to follow the Science and the will of the people and to STOP illegally utilizing the media to manipulate the people on this issue so uniting to our country.
CAES asks: Congress to STOP keeping our First People so poor, in order that Governor Gary Herbert and/or Governor Susanna Martinez can try to scape goat even those who believe them sacred, for the killing of our nations unifying force, the wild horse which the overwhelming majority of First Peoples and their fellow Americans see as spiritually, and culturally sacred.
CAES asks: Congress to STOP allowing the slaughter of ANY horse for human consumption that is not raised as a food animal for slaughter over the borders or on American soil.
CAES asks: Congress to STOP allowing the sale for slaughter for human consumption, of ANY estray animal of unknown origin and unknown food and drug history, and especially any Estray Equine which are rarely if ever raised as a food animal, to be sold as a food animal, as that is the basis for a FOOD SAFETY issue in and of itself, even if sold over our borders. This product can then be sold back to the U.S. as well as to people in other counties.
CAES asks: That Representative Stewart et al. are sanctioned at a minimum and are no longer allowed to “lead” on this issue even behind the scenes, and that all votes following their false testimonies to Congress be stricken from the Congressional record.
CAES asks: That the wild horse be recognized along with the Eagle and the Bison as this Nation’s National Ungulate. The horse is the oldest large mammal of North America and built and defended this nation.
CAES asks: That all executive Orders regarding Tourism be UPHELD.
CAES asks: That all Historic Preservation laws be brought to bear to preserve and protect even the “Fort Polk” horses in the Kisatchie National Forest immediately, as well as all other wild horses near military lands.
CAES asks: Congress to recognize that States own their wildlife including their wild horses even on federal lands and that these horses are wild horses even when they have not been recognized under the federal 1971 Act.
CAES asks: Congress to uphold food safety laws and to uphold the FACT that no wild, feral, or estray horse meets the federal definition of Livestock and hence to cease and desist ALL unrestricted sales of these national treasures, which in fact, are a state and national resource of the people, which of course have in no way, been raised as food animals.
CAES declares: If Congress ALLOWS our healthy wild horses to be killed the very spirit of our American Nation will be extinguished. Congress must not do, what it does not have the ethical, legal, or moral authority to do against our proud nation. This is tantamount to treason, if not actually treason.
CAES asks: For a Congressional Environmental Impact Statement to be performed, by people with no conflict of interest in any of the two kill industries, Livestock or Game, before any act of killing even one of our native healthy wild horses which built our country, protected our families, and their families, and have worked for us whenever, we have ever asked, and are in fact, important for our environmental health as native species, is funded or allowed through this corrupt Appropriations process.
This manipulative plan to kill our nation’s wild horses is an abuse of the very subsidized system of government that Henry Clay promoted.
What can you do?
Please take a moment to call the followig officials and tell them NOT to follow Rep Stewart and to protect our wild horses.
Murkowski, Lisa – 202-224-6665
Cochran, Thad 202-224-5054
Alexander, Lamar 202-224-4944
Blunt, Roy 202-224-5721
Hoeven, John 202-224-2551
McConnell, Mitch 202-224-2541
Daines, Steve 202-224-2651
Capito, Shelley Moore 202-224-6472
Udall, Tom 202 224 6621
Feinstein, Dianne 202 -224-3841
Leahy, Patrick J. 202-224-4242
Reed, Jack 202-224-4642
Tester, Jon 202-224-2644
Merkley, Jeff 202-224-3753
Van Hollen, Chris 202-224-4654