Hammond Judge Ann Aiken has History of Political Incest
October 7th, 2015 Chief Judge of the United States District Court of Oregon Ann Aiken re-sentenced Eastern Oregon Ranchers Dwight and Steve Hammond to a 5 year term in a Federal Penitentiary. The Hammonds were re-sentenced by Aiken as terrorists, under the Congressional Terrorism Act of 1996 regarding a 2012 Arson Conviction (background on case). The re-sentencing was in response to an appeal filed by former U.S. District Attorney Amanda Marshall. It was this decision by Judge Aiken that ultimately led to the current civilian occupation of the Malhuer reserve by Citizens intent on redressing grievances to their Government.
Judge Ann Aiken, a native Oregonian and Science graduate of the University of Oregon, was appointed to her seat on the District Court by then President Bill Clinton in 1998. She has a history with cases from the Eastern Oregon area and the Steens Mountain and Malhuer Reserves in particular. In 2006 Aiken was the presiding Judge in Civil Case No. 06-242-AA. (D. Or. Sep 08, 2006) OREGON NATURAL DESERT ASSOCIATION V. SHUFORD in which Judge Aiken ruled against the primary instruments of the Steens Mountain Cooperative Management and Protection Act of 2000 which she found violated the supremacy of the Federal Environmental Protection Act. The Cooperative Management plan, written and sponsored by Oregon Congressman Greg Walden, was a law enacted by Congress in 2000 and represented a landmark co-operative effort at a joint management plan designed by ranching, recreational, environmental and government interests (Greg Walden on Management Plan).It should be noticed that the Hammonds, as acknowledged by Congressman Walden, were instrumental in development of the co-operative plan. Judge Aiken’s decision was predicated in part based on affidavit testimony provided by now controversial Harney County Judge Stephen Grasty. The law, using Aiken’s opinion as precedent, was soon subverted by agencies such as BLM.
Lead U.S. prosecutor Amanda Marshall, who has now resigned amidst allegations of an inappropriate work relationship and questions surrounding former Governor John Kitzhaber’s pay to play environmental scandal, may as well have had an inappropriate working relationship with Judge Aiken that should have potentially led to Judge Aiken to recuse herself from the Hammond re-sentencing. Prior to being nominated by President Barack Obama as U.S. District Attorney Amanda Marshall worked for the Oregon Department of Justice in Child Advocacy Services. Judge Aiken has been the presiding President of the Child Advocacy Services Board since 1998. Take into account that the only testimony used to establish “malicious intent” on part of the Hammonds derived from Dusty Hammond, Dwight Hammond’s grandson, a mentally incompetent 13 yearold whose case has been overseen by Child Advocacy Services and the potential for wrongful collusion begins to crystallize. Initially in the original trial Dusty Hammonds testimony was disqualified by Judge Mike Hogan due to his mental capacity. Despite this Dusty Hammonds testimony is assumed to have been used by Judge Aiken in determining malicious intent by the Hammonds to qualify them under the terrorism statute for re-sentencing.
This is not the first instance of Judge Aiken potentially failing to acknowledge inappropriate relationships when presiding over a case. In a 2013 complaint of Judicial Misconduct filed against Judge Aiken, a class action by Oregon lawyers against the Oregon State Bar, the Supreme Court of Oregon Chief Justice Thomas Balmer and Jeff Sapiro, it is alleged Aiken failed to disclose similar relationships. The statement is as follows;
It has just come to my attention that you [Judge Ann Aiken] also have an internecine business relationship with the Cosgrave law firm that is representing several defendants in the captioned matter and was not disclosed. I had previously pointed out that you are on the Board of Directors of the U.S. District Court Historical Society with Hon. Thomas Balmer the other Defendant here and that was not disclosed. I have learned that your law clerk, Jolie Russo is the President-Elect of the Oregon Federal Bar Association. You serve as a Director on the Board of the Oregon Federal Bar Association along with Robert Sabido, a member of the Cosgrave law firm. The Cosgrave firm represents several Defendants here. You apparently are speaking there this month.”
Therefore, Judge Ann Aiken serves on two boards, one with Hon Thomas Balmer, a defendant here–The U.S. District Court Historical Society and one with a member of the Cosgrave law firm — representing the other Defendants here — the Oregon Federal Bar Association and did not disclose either affiliation in this case. In denying Plaintiff’s Motions for a Visiting Judge, Chief Judge Aiken makes no reference to the absence of disclosures regarding these affiliations with the Defendant Party who she then dismisses from this law suit. Therefore, Hon Aiken may have other affiliations with these Defendants, undisclosed; which may further invoke the objective bias standard outlined in U.S. Supreme Court decision in Liteky.
Further it has come to light that Judge Aiken’s ties to the States Democrat Party run deep. Her husband James Klonoski, the now deceased self described “lifelong Liberal curmudgeon” was a political science professor at the University of Oregon and former Chair of the Oregon State Democrat Party. It is clear that Judge Aiken has a vested interest, politically, judicially and personally in the Malhuer Reserve and in all likely hood should have not presided over this appeal, considering her ties to the situation and the key individuals involved.