From: Ruthie Caudill
Date: Wed, Mar 28, 2018 at 3:53 PM
Subject: Fwd: Bellstone TGI
To: Gallen
Cc: Ruthie Caudill , Bethany Freudenthal , dlnr.chair@hawaii.gov, hawaiiag@hawaii.gov, "DAGS.Risk.Management" , "Farrell, Robert J" , Mauna Kea Trask , Scott Sato , mayor@kauai.gov
Dear Brother Allen,
You still must return the Bellstone.
Federal Court also grants monetary (punitive) damages.
Do you know the Federal Law?
Kind of like "Scripture Chase" but Federal Law.
ARPA and NSPA the National Stolen Property and Act... and the international Emergency Economic Powers Act or 1970 UNESCO Convention on Cultural Property Implementation Act CPIA,
Regards,
Ruthann Caudill
President
Jacob Broome Society, Inc.
I will forward to the National Park Service.
I am still waiting for FOIA pictures, reports, etc from the DOI.
Ruth
Re: Bellstone and National Law
Dear Brother Allen,
You still must return the Bellstone.
Federal Court also grants monetary (punitive) damages.
Do you know the Federal Law?
Kind of like "Scripture Chase" but Federal Law.
ARPA and NSPA the National Stolen Property and Act... and the international Emergency Economic Powers Act or 1970 UNESCO Convention on Cultural Property Implementation Act CPIA,
Regards,
Ruthann Caudill
President
Jacob Broome Society, Inc.
I will forward to the National Park Service.
I am still waiting for FOIA pictures, reports, etc from the DOI.
Ruth
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1:55 PM (5 hours ago)
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Folks,
Part of this is to help keep from bloodshed.
Please return the Kanaka their objects.
Please stop arresting them. Please stop harassing them.
We are working on reestablishing their sacred grounds, which legally you may not keep them off through any means.
You may not deny them through the Constitution, either.
The Kanaka have been MORE than patient.
Federal Court for Federal Crimes and I am not in Hawaii.
I can file lots, or you can do what the Federal Laws (Civil Rights) say.
Regards,
Ruthann Caudill
President
Jacob Broome Society, Inc.
On Wed, Mar 28, 2018 at 7:34 PM, Ruthie Caudill <ruthiejim13@gmail.com> wrote:
Dear DLNR,I understand that the Bellstone has been magically "found" in the Museum, after all these years.I think you need to understand the Federal Law, again.You need to take the artifacts and return to the Kanaka, please.Regards,Ruthann CaudillPresidentJacob Broome Society, Inc.
The Indianapolis Star has the story of an unusual and aggressive action by the FBI:FBI agents Wednesday seized “thousands” of cultural artifacts, including American Indian items, from the private collection of a 91-year-old man who had acquired them over the past eight decades.An FBI command vehicle and several tents were spotted at the property in rural Waldron, about 35 miles southeast of Indianapolis.The Rush County man, Don Miller, has not been arrested or charged.Robert A. Jones, special agent in charge of the Indianapolis FBI office, would not say at a news conference specifically why the investigation was initiated, but he did say the FBI had information about Miller’s collection and acted on it by deploying its art crime team.FBI agents are working with art experts and museum curators, and neither they nor Jones would describe a single artifact involved in the investigation, but it is a massive collection. Jones added that cataloging of all of the items found will take longer than “weeks or months.”“Frankly, overwhelmed,” is how Larry Zimmerman, professor of anthropology and museum studies at Indiana University-Purdue University Indianapolis described his reaction. “I have never seen a collection like this in my life except in some of the largest museums.”The monetary value of the items and relics has not been determined, Jones said, but the cultural value is beyond measure. In addition to American Indian objects, the collection includes items from China, Russia, Peru, Haiti, Australia and New Guinea, he said.Perhaps you can see the problem, here. Right now, there appears to be no evidence that Miller has done anything illegal. The FBI plan is apparently to seize the contents of an elderly man’s lifelong hobby, then force him to prove he obtained each item in his collection legally.The aim of the investigation is to determine what each artifact is, where it came from and how Miller obtained it, Jones said, to determine whether some of the items might be illegal to possess privately.Jones acknowledged that Miller might have acquired some of the items before the passage of U.S. laws or treaties prohibited their sale or purchase.In addition, the investigation could result in the “repatriation” of any of the cultural items, Jones said.This is part of a larger national effort to enforce relatively recently laws prohibiting private citizens from obtaining and collecting certain cultural artifacts, particularly items of Native American origin. Those laws have an admirable goal. But they’re leading to overwrought police actions that are ensnaring people who may have bought artifacts at a time when doing so was legal, dug them up when doing so was legal or were unaware of changes in the law.Last year, for example, the Florida Fish and Wildlife Conservation Commission’s Division of Law Enforcement sent heavily-armed agents to raid the homes of people suspected of collecting artifacts.Jacky Fuller was sound asleep beside his wife of 33 years when pounding at the door jolted him awake. The 54-year-old father of two and faithful Jehovah’s Witness stumbled out of bed in his underwear. It was not yet dawn, but the doorbell was ringing, and the pounding sounded like someone about to knock the door off the hinges. Heart hammering, he pulled open the door and stared into gun barrels.Whoever had come for him wore helmets and bulletproof vests and carried tactical rifles, and as they pulled him outside at his home in Fortson, Ga., they said he was under arrest.That same morning, Feb. 27, other agents pounded on Terry Tinsley’s door outside Tallahassee. He’s 52 and hard of hearing, and his house had been broken into twice before, so he had been sleeping with a handgun within reach. He grabbed his weapon, ready to fire on the first intruder, when he heard someone shout: “Law enforcement!”At 25-year-old Nate Curtis’ home, not far away in Havana, agents handcuffed his wife, he claimed, and seized his computers and cellphone. William Walters, 48, said agents surrounded his truck in Dade City as he headed to work. Shawn Novak wasn’t home, but agents harassed his wife at work until she gave them permission to search their house, said Novak, 47. “They tortured my wife all day long,” he said. “They threatened her, saying they were going to break the door down.”In all, FWC agents raided six homes, arrested 14 people from Big Pine Key to south Georgia, and charged them with more than 400 felonies. The raids capped a two-year undercover investigation that cost the state more than $130,000, not including the cost of the tactical raids or subsequent prosecution. The sting, called Operation Timucua, netted people with clean criminal records, including a brick mason, a 24-year military veteran and a 74-year-old retired University of South Florida professor. It drove suspects into debt and wrecked their reputations. One man got divorced. One committed suicide.The mission: to stop the buying and selling of artifacts.I remember collecting arrowheads as a kid. Depending on the state and the land on which you’re finding them, that in itself may or may not be legal today. Some states began banning the practice decades ago. But the laws were rarely enforced, and when they were, authorities targeted people stealing from preserved sites or tribal lands, or selling high-dollar artifacts.No more. Under the phalanx of state, federal, and tribal laws, it may be a felony not only to buy and sell some manmade artifacts, but also to remove them from the bottoms of creek beds or dig them from the dirt. Most of the people busted in the Florida raids were hobbyists. And it’s conceivable that some of them had no idea they were breaking the law — though it also seems likely that some probably did. (The article excerpted above explains the complexities in Florida’s laws.)In parts of Utah, digging for artifacts has become a cultural tradition in and of itself. But beginning in the 1990s, the federal government began to periodically send undercover informants to buy the relics dug up by locals, then staged highly aggressive raids on the sellers. Here’s the NPR description of a massive series of raids in 2009 in the town of Blanding:Dozens of armed federal agents swept into Blanding, Utah, on June 10, arresting 17 people there and ending a two-year federal sting aimed at a black market in ancient American Indian artifacts. Three weeks later, anger and grief persist.“There’s going to be a scar for a long time,” says Lynette Adams, a retired schoolteacher in the predominately Mormon town of 3,600. “There are some pretty strong feelings — not about what people are being accused of, but how they were arrested.”The agents from the FBI and the federal Bureau of Land Management wore body armor, waved weapons, screamed instructions and shackled neighbors at the wrists, ankles and waists, according to witnesses. And they did that with suspects who ranged from 27 to 73 years old.“These aren’t terrorists,” Adams complains, her voice rising. “They’re not rapists and murderers.”Those targeted include a high school teacher (the county sheriff’s brother), a member of the Utah Tourism Hall of Fame and the town’s most prominent physician.That physician, a beloved figure in the community who provided free and discounted health care to Native Americans, later killed himself. So did two others caught in the stings.These laws and regulations are of course to preserve the cultural heritage of Native Americans, a group that has been subjected to a litany of awful abuses over the years, and which still suffers from the legacy of those abuses today. I find nothing objectionable about laws prohibiting digging for or taking artifacts from federal or tribal lands. Laws against selling artifacts that are already in private hands seem a little more problematic. Those laws ostensibly exist to drive down demand so there’s no incentive to dig for more, but it seems clear that they aren’t working. It also appears to be difficult to discern from the state, local and tribal laws exactly what is legal and what isn’t. Just laws require clarity.But the most troubling thing about these investigations is the amount of force the governments have brought to bear when making arrests. According to this New York Times article about the Utah raids, “The Justice Department has portrayed the arrests as evidence of the Obama administration’s commitment to justice for American Indians.” That sounds like the federal government was using overwhelming force not because of the threat posed to agents by the artifact collectors, but to send a message about how seriously the Justice Department takes the laws against artifact looting. And anytime the government uses violence to send a message, we ought to be concerned.
Re: Screenshot 2018-03-28 at 7.07.00 AM
Important according to Google magic.
Click to teach Gmail this conversation is not important.
Dear Chad,
Good Morning!
Federal Court for US FWS Laws, too. 16 USC 1532(18)
Ruthann Caudill
President
Jacob Broome Society, Inc.
---------- Forwarded message ---------
From: Chad Waters <chad@bridgehi.com> Date: Fri, Mar 23, 2018 at 8:45 PM Subject: Re: Coco palms To: Ruthie Caudill <ruthiejim13@gmail.com>
Never said that. We had tractors Thursday. We have tractors today and will have them tomorrow and Sunday.
Sent from my iPhone
On Mar 23, 2018, at 2:42 PM, Ruthie Caudill <ruthiejim13@gmail.com>wrote:
Chad,
I thought you said there were no heavy tractors in today.
Ruthann
---------- Forwarded message ---------- From: Ruthie Caudill <ruthiejim13@gmail.com Date: Tue, Mar 27, 2018 at 12:35 PM Subject: Chad Waters US FWS Keith Swindle US FWS Keith Toomey (Office of Professional Responsibility US FWS)Coco Palms To: Chad Waters <chad@greenewaters.com> Cc: Ruthie Caudill <ruthiejim13@gmail.com>, Ron Agor <ron@agorjehnarch.com>, "Swindle, Keith" <keith_swindle@fws.gov>, Keith Toomey <keith_toomey@fws.gov>, wnasser@awlaw.com, Tyler Greene <info@greenewaters.com>
Dear Chad,
Keith Swindle has outlined US FWS Threatened and Endangered Species Act and I have placed in this email you Chad Waters, your attorney, Tyler Green, and Ron Agor.
I also have Keith Swindle US FWS in Hawaii and surrounding islands.
I am also including my good friend US FWS Keith Toomey (Professional Responsibility Unit for US FWS Law Enforcement) together so that we might have a better discussion on what has happened at Coco Palms in relation to the US FWS Threatened and Endangered Species Act.
Can you please have a dialogue about the habitat around the Coco Palms, before, during and as of now?
There are video, pictures, and eye witnesses.
1. Do you have an any paperwork for the Coco Palms provided by US FWS?
2 Did you cut down reeds, or other places where the Ducks could shelter?
3. Did you remove nest?
4. Did you mow down places where the Ducks could find food?
5. Did you scare parents away from baby ducks leaving the babies vulnerable to attack and force the babies to fend for themselves?
6. Did you use heavy equipment in Coco Palms area anywhere near the US FWS Threatened and Endangered Species?
Regards,
Ruthann Caudill
President
Jacob Broome Society, Inc.
---------- Forwarded message ----------
From: Ruthie Caudill <ruthiejim13@gmail.com Date: Tue, Mar 27, 2018 at 9:29 AM Subject: Bulldozers, weed-whackers, hand destruction of nests, destroying habitat Coco Palms, Tour Guide Oahu To: "Swindle, Keith" <keith_swindle@fws.gov> Cc: Ruthie Caudill <ruthiejim13@gmail.com>, Keith Toomey <keith_toomey@fws.gov>, "Farrell, Robert J" <robert.j.farrell@hawaii.gov>
Dear Mr. Swindle,
You oversee the US FWS Law Enforcement that also includes Kauai, Hawaii.
There are videos, pictures, eye-witness statements, calls to you, emails for your intervention at Coco Palms for over a week. You told people to contact Kauai, which of course, has no US FWS Law Enforcement, unless you can provide a specific name, which I cannot locate.
Apparently, according to the DLNR Mr. Farrell cc, you are also involved in some sort of killing at a Golf Course. Perhaps that investigation on the Golf Course in Kauai is similar to your activities with the Audubon Society in Oahu as Tour Guide.
This is in reference to the US FWS Threatened and Endangered Species Act:
The term "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. 16 USC 1532(18) [underlines added].
The terms "harass" and "harm" are further defined in the U.S. Code of Federal Regulations as follows:
Harass in the definition of "take" in the Act means an intentional or negligent act or omission which creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavioral patterns which include, but are not limited to, breeding, feeding, or sheltering..."
Harm in the definition of "take" in the Act means an act which actually kills or injures wildlife. Such act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering.
50 CFR 17.3 (underlines added)
Have you gone and observed the area and gotten statements of eye-witnesses as part of a thorough investigation?
Regards,
Ruthann Caudill
President
Jacob Broome Society, Inc.
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