Eagles Gather to Regain Miners Rights

Copy of letter to President Trump:

Dear Mr. President , I know you have much on your executive plate these days, but I can once again feel that our government is working for the people of the United States. For that effort and those activities planned for our future, you have my heart-felt thanks.

Placing Senator Sessions in the position of Attorney General was a masterstroke of executive leadership. And thank you for that.

There is a long-standing problem in the conflict between the congressionally approved Mining Law of 1872 and the State of California's rulings in 2009 that suction dredge mining shall be banned in its rivers, streams and other riparian environments when those activities take place even on Federal Property.

To this end, because miner Brandon Rhinehart stood up to the California Fish and Game department et. al., to exercise his right to mine on his own federally registered claim and never knuckled under to those state agencies, who acted under arbitrary and capricious rulings, arrested him.

This case, which offends both the Property Clause and the Supremacy Clause of the federal Constitution, will extend its reach by appeals all the way up to the US Supreme Court; we desperately need your help.

Please assist the Department of Justice to help it set American jurisprudence back on the track of rationality and law. America needs a tidal wave of logic and common sense to sweep away years of fuzzy thinking and sophomoric twisting and convoluting of our country's governance into Byzantine style case law. The past eight years, under the presidency of a former Chicago law professor and freshman US Senator, who listened to his party power brokers rather than the people of the United States, has almost brought our country to the state of ruin.

On the other hand, the executive leadership that you have exercised to build a great commercial company, and is now in the process of rebuilding our great nation is required to steer us straight, and make course corrections concerning the right to mine on federal property according to our country's laws. In that regard, please do and direct whatever you and your administration can to right this egregious wrong.

SUPPORT BRANDON RINEHART

The West Coast independent gold miners and prospectors are asking you for assistance to get us back to work on our mining claims and property in the face of the environmental movement's massive push to regulate us out of existence, while ignoring standing laws and congressional legislation. The State of California unconstitutionally tried and convicted Mr. Brandon Rinehart for using his federal mining rights on his federal mining claim. They required a permit but refused to issue permits to anyone, and still continue to refuse to for going on eight years now.

The state even denied him the use of his federal evidence in his case. The state court of appeals overturned it citing South Dakota Mining vs Lawrence County, No. 97-3861, September 16th 1998, 8th Court of Appeals.

Re: California-claim-jumps-the-rights-of-miners-on-federal-land

Political pressure was brought to bear and the case was quickly overturned in the state's Supreme Court. In that case, the Obama administration directed the Department of Justice to step in on the case with amicus briefs and other unconstitutionally actions, endorsed the denial of Mr. Rinehart's federal mining rights.

The Pacific Legal Foundation has petitioned the case to the US Supreme Court. Please Mr. President, we ask that you not only have the Department of Justice rescind its opinion in this case but reverse it and support Mr. Rinehart's federal rights.

Please contact Mr. Jonathan Wood, Environmental Attorney, Pacific Legal Foundation if required.


Copy of Letter to Department of Justice:

I am not sure if your Office of Legal Counsel can assist me in this request but please consider and direct as necessary.

There is a long-standing problem in the conflict between the congressionally approved Mining Law of 1872 and the State of California's rulings in 2009 that suction dredge mining shall be banned in its rivers, streams and other riparian environments when those activities take place even on Federal Property.

To this end, because miner Brandon Rhinehart stood up to the California Fish and Game department et. al., to exercise his right to mine on his own federally registered claim and never knuckled under to those California state agencies, who acted under arbitrary and capricious rulings, arrested him.

This case, which offends both the Property Clause and the Supremacy Clause of the federal Constitution, will extend its reach in the process of our appeals all the way up to the US Supreme Court; we desperately need your help.

The West Coast independent gold miners and prospectors are asking you for assistance to get us back to work on our mining claims and property in the face of the environmental movement's massive push to regulate us out of existence, while ignoring standing laws and congressional legislation.

The State of California unconstitutionally tried and convicted Mr. Brandon Rinehart for using his federal mining rights on his federal mining claim. They required a permit but refused to issue permits to anyone, and still continue to refuse to for going on eight years now.

The state of California even denied him the use of his federal evidence in his case. The state court of appeals overturned it citing South Dakota Mining vs Lawrence County, No. 97-3861, September 16th 1998, 8th Court of Appeals.

The Pacific Legal Foundation has petitioned the case to the US Supreme Court. re: https://www.pacificlegal.org/cases/California-claim-jumps-the-rights-of-miners-on-federal-land


Continuing news and views:

Please help America's independent gold miners; we don't want a hand out or hand up. We just want to go back to work to help make America Great again! Please work with the U.S. Congress to help them approve your selected Secretary of the Interior in order to restore sanity in the use of United States public lands.

If your transition team requires additional information on our specific difficulties with the state of California, and how much more we can do if allowed the opportunity, then please check out the following:

The New 49'ers Legal Fund's Attorney' Webpage.

A letter from New 49'ers attorney James Buchal.

Link to the Pacific Legal Foundation

 

Saturday, March 11, 2017
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