When they operate outside the law, they should be subject to arrest just like any other, and that should be for clearly erroneous rulings too. Sick of seeing judicial rule by fiat as if they have some divine right of judges similar to the old "divine right of kings".
Lynn Moses will be locked up in federal prison next Wednesday. His crime? Protecting the city of Driggs, Idaho from flooding.
When Mr. Moses began to develop a subdivision along Teton Creek in 1980, Teton County required him to implement an engineer?s plan to modify the Teton Creek stream bed to prevent the flooding of subdivision property, caused by the buildup of gravel bars and downed trees, during high water flows in the spring.
In fact, the county would not allow him even to record the plat for the subdivision until the modification work had been done, and only allowed the development after requiring the homeowner?s association to maintain the flood control channel year after year...
At this point, the Environmental Protection Agency (EPA), emboldened by newly granted bureaucratic authority, jumped in and went right after Mr. Moses, indicting and prosecuting him for violating the Clean Water Act in the years 2002, 2003 and 2004 for doing nothing more than the routine maintenance on the channel he had been doing for 20 years, under requirements imposed by local government.
Presiding federal judge Lynn Winmill, who has a well-deserved reputation for judicial activism, refused to allow Teton County commissioners to testify to the original agreement, nor would he allow the aggressive Corps staffer to testify about the refusal of the U.S. Attorney to prosecute in the mid-90s.
Before the jury was dismissed to enter into deliberations at the conclusion of his trial, Judge Lynn Winmill instructed the jury, believe it or not, to disregard every bit of information from 1980 to 2002, including the Corps? denial of jurisdiction and the mandate from local government for Mr. Moses to maintain the flood channel.
Instructed by this notoriously activist judge to ignore facts, reason and legal history, the jury returned with a guilty verdict, finding Mr. Moses guilty of ?discharging? ?pollutants? into one of the ?waters of the United States.?