The Montana Freemen were an anti-government militant
Christian Patriot group based outside the town of
Jordan
Jordan ( ar, الأردن; tr. ' ), officially the Hashemite Kingdom of Jordan,; tr. ' is a country in Western Asia. It is situated at the crossroads of Asia, Africa, and Europe, within the Levant region, on the East Bank of the Jordan Rive ...
,
Montana
Montana () is a state in the Mountain West division of the Western United States. It is bordered by Idaho to the west, North Dakota and South Dakota to the east, Wyoming to the south, and the Canadian provinces of Alberta, British Columbi ...
, United States. The members of the group referred to their land as "Justus Township" and had declared their leaders and followers "
sovereign citizens
The sovereign citizen movement (also SovCit movement or SovCits) is a loose grouping of litigants, activists, tax protesters, financial scheme promoters and conspiracy theorists, who claim to be answerable only to their particular interpretati ...
" no longer under the authority of any outside government. They became the center of public attention in 1996 when they engaged in a prolonged armed standoff with agents of the
Federal Bureau of Investigation
The Federal Bureau of Investigation (FBI) is the domestic intelligence and security service of the United States and its principal federal law enforcement agency. Operating under the jurisdiction of the United States Department of Justice, ...
(FBI).
Philosophy
The Montana Freemen, who were direct ideological descendants of the
Posse Comitatus movement,
espoused the doctrine of
individual sovereignty and based on this belief, they rejected the authority of the
federal government of the United States
The federal government of the United States (U.S. federal government or U.S. government) is the national government of the United States, a federal republic located primarily in North America, composed of 50 states, a city within a fede ...
. On March 2, 1995, William Stanton, a
Garfield County rancher, became the first Montana resident ever to be convicted of
terrorism
Terrorism, in its broadest sense, is the use of criminal violence to provoke a state of terror or fear, mostly with the intention to achieve political or religious aims. The term is used in this regard primarily to refer to intentional violen ...
; District Judge Kenneth Wilson sentenced Stanton to 10 years in prison (the maximum penalty) for using violence for political ends. The following day, four armed men who styled themselves the "Garfield County Freemen" were arrested when they entered the
Musselshell County Courthouse and tried to file papers protesting the seizure of Rodney Skurdal's house by the
Internal Revenue Service
The Internal Revenue Service (IRS) is the revenue service for the United States federal government, which is responsible for collecting U.S. federal taxes and administering the Internal Revenue Code, the main body of the federal statutory ta ...
.
Liens
The Freemen, led by LeRoy M. Schweitzer, used ''
inter alia'' ''Anderson on the Uniform Commercial Code'' and ''Bankers Handbook'' to draw notices of
lien
A lien ( or ) is a form of security interest granted over an item of property to secure the payment of a debt or performance of some other obligation. The owner of the property, who grants the lien, is referred to as the ''lienee'' and the pers ...
against public officials. The liens were then allegedly sold to generate equity to fund an effort to make a "firm offer to pay off the
national debt." The Freemen claimed that the liens conformed to the
Uniform Commercial Code
The Uniform Commercial Code (UCC), first published in 1952, is one of a number of Uniform Acts that have been established as law with the goal of harmonizing the laws of sales and other commercial transactions across the United States through UC ...
and that their township's court had an interest in a
tort
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable ...
claim for damages incurred by the named public officials for violations of their oaths of office. They also claimed that support of the corporate credit system was an unconstitutional and corrupt act which has throughout the last half of the twentieth century "...
eprived the majority of Americansof their property until
heir
Inheritance is the practice of receiving private property, titles, debts, entitlements, privileges, rights, and obligations upon the death of an individual. The rules of inheritance differ among societies and have changed over time. Officiall ...
posterity wakes up homeless...", a paraphrased quotation attributed to
Thomas Jefferson
Thomas Jefferson (April 13, 1743 – July 4, 1826) was an American statesman, diplomat, lawyer, architect, philosopher, and Founding Fathers of the United States, Founding Father who served as the third president of the United States from 18 ...
.
Bank fraud
The Freemen were known to produce their own very realistic
counterfeit
To counterfeit means to imitate something authentic, with the intent to steal, destroy, or replace the original, for use in illegal transactions, or otherwise to deceive individuals into believing that the fake is of equal or greater value tha ...
checks and money orders, sometimes ordering items and deliberately overpaying so they could demand refunds. The president of one bank reported that over an 18-month period his bank received two to five complaints a week about Freemen checks. In 1995, members wrote a fraudulent check to try to purchase $1.4 million worth of firearms, ammunition, and bulletproof vests.
Standoff
In late 1994,
foreclosure
Foreclosure is a legal process in which a lender attempts to recover the balance of a loan from a borrower who has stopped making payments to the lender by forcing the sale of the asset used as the collateral for the loan.
Formally, a mortg ...
proceedings were initiated against the farm that contained Justus Township. The Freemen refused to be evicted from the land. They had also conducted their own
mock trials of numerous public officials, and issued their own
writ of execution
A writ of execution (also known as an execution) is a court order granted to put in force a judgment of possession obtained by a plaintiff from a court. When issuing a writ of execution, a court typically will order a sheriff or other similar off ...
against a federal judge. The FBI investigated the group and initiated a
sting operation
In law enforcement, a sting operation is a deceptive operation designed to catch a person attempting to commit a crime. A typical sting will have an undercover law enforcement officer, detective, or co-operative member of the public play a role a ...
aimed at one of the Freemen's financial programs, which led to the arrest of two members of the group in March 1996. The FBI also had warrants for eight other persons suspected to be at the farm, but before they were able to arrest them an armed confrontation developed and the FBI withdrew to a safe distance to avoid violence. The similar 1993
standoff in Waco, Texas, involving the
Branch Davidians
The Branch Davidians (or the General Association of Branch Davidian Seventh-day Adventists) were an apocalyptic new religious movement founded in 1955 by Benjamin Roden. They regard themselves as a continuation of the General Association of ...
, as well as the 1992 incident between the Weaver family and the FBI at
Ruby Ridge, Idaho, were still fresh in the public mind, and the FBI was extremely cautious and wanted to prevent a recurrence of those violent events.
In late April, political activist
Bo Gritz
James Gordon "Bo" Gritz (; born January 18, 1939) is an American former United States Army Special Forces officer and presidential candidate. After serving in the Vietnam War and retiring from the military, Gritz has worked on attempted POW res ...
was allowed by the FBI to enter Justus Township so he could try to negotiate a conclusion to the standoff. Gritz was accompanied by
Randy Weaver
Randall Claude Weaver (January 3, 1948 – May 11, 2022) was an American survivalist, former Iowa factory worker, and self-proclaimed white separatist. He was a central actor in the 1992 Ruby Ridge standoff at his cabin near Naples, Idaho, t ...
, the protagonist of the
Ruby Ridge
Ruby Ridge was the site of an eleven-day siege in 1992 in Boundary County, Idaho, near Naples. It began on August 21, when deputies of the United States Marshals Service (USMS) initiated action to apprehend and arrest Randy Weaver under a bench ...
standoff whom Gritz had convinced to surrender in 1992. However, the FBI refused to let Weaver enter the ranch. After holding five meetings with the Freemen over four days, Gritz left in frustration, commenting that the group had presented him with a mixture of religious and legal "mumbo-jumbo".
After 81 days of negotiations, the Freemen surrendered to authorities on June 14, 1996.
Aftermath
LeRoy Schweitzer was convicted of conspiracy, bank fraud, mail fraud, wire fraud, false claims to the
IRS
The Internal Revenue Service (IRS) is the revenue service for the United States federal government, which is responsible for collecting U.S. federal taxes and administering the Internal Revenue Code, the main body of the federal statutory tax ...
, interstate transportation of stolen property, threats against public officials, armed robbery of a television news crew, and firearms violations. He received a 22-year sentence for 25 convictions in a
South Carolina
)''Animis opibusque parati'' ( for, , Latin, Prepared in mind and resources, links=no)
, anthem = " Carolina";" South Carolina On My Mind"
, Former = Province of South Carolina
, seat = Columbia
, LargestCity = Charleston
, LargestMetro = ...
federal prison. After Ervin Elbert Hurlbert and Donald Little, who identified themselves as "Montana Marshals", attempted to free Schweitzer from the prison, he was moved to the
Administrative Maximum (ADX) facility at the Florence Federal Correctional Complex at
Florence, Colorado
The City of Florence is a Statutory City located in Fremont County, Colorado, United States. The city population was 3,822 at the 2020 United States Census. Florence is a part of the Cañon City, CO Micropolitan Statistical Area and the Front ...
, in 2006. Schweitzer died, aged 73, in ADX Florence on September 20, 2011.
Members of the Montana Freemen and their sentences
* LeRoy M. Schweitzer – 22 years. Died in federal prison on September 20, 2011, of natural causes, at age 73 years.
* Emmett Clark – Pleaded guilty and sentenced to
time served
In criminal law, time served is an informal term that describes the duration of pretrial detention (remand), the time period between when a defendant is arrested and when they are convicted. Time served does not include time served on bail bu ...
plus 3 years under supervision.
* Richard Clark – 12 years.
* James Hance – 5 years, 7 months.
* Lavon T. Hanson – Pleaded guilty under
plea bargain
A plea bargain (also plea agreement or plea deal) is an agreement in criminal law proceedings, whereby the prosecutor provides a concession to the defendant in exchange for a plea of guilt or '' nolo contendere.'' This may mean that the defendan ...
and sentenced to
1 year, 1 day.
* Dana Dudley Landers – Pleaded guilty and sentenced to 1 year, 9 months with credit for 2 years, 3 months already served.
* Russell Dean Landers – 11 years, 3 months; later extended by 15 years (see below).
Died in prison on April 10, 2021, aged 69
* Daniel E. Peterson – 15 years (see below).
On April 7, 2008, Russell Dean Landers's sentence was extended by 15 years for attempting to
extort
Extortion is the practice of obtaining benefit through coercion. In most jurisdictions it is likely to constitute a criminal offence; the bulk of this article deals with such cases. Robbery is the simplest and most common form of extortion, al ...
his release from prison. He and two other inmates at the federal prison in
El Reno, Oklahoma
El Reno is a city in and county seat of Canadian County, Oklahoma, United States. As of the 2020 census, the city population was 16,989, marking a change of 1.55% from 16,729, recorded in the 2010 census. The city was begun shortly after the 1 ...
, had demanded millions of dollars from prison officials for the use of their names, which they claimed were "copyrighted". They were found guilty of "conspiring to impede the duties of federal prison officials and extortion in (their) efforts to gain release from prison by making financial demands on prison staff and attempting to seize their property."
[
On April 6, 2010, Daniel E. Petersen was sentenced to serve additional time for filing bogus liens against three federal judges from prison, including the judge who had originally sentenced him to prison. In 1996, Petersen had been sentenced to 15 years in federal prison, after being convicted on 19 counts, including bank fraud and ]armed robbery
Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or by use of fear. According to common law, robbery is defined as taking the property of another, with the intent to permanently deprive the perso ...
. While he was serving his sentence in a federal prison in Minnesota, Petersen devised a scheme in which he would retaliate against those three judges. After an investigation, federal prosecutors found that Petersen had invented a company that supposedly held assets that included a $100 trillion default judgment
Default judgment is a binding judgment in favor of either party based on some failure to take action by the other party. Most often, it is a judgment in favor of a plaintiff when the defendant has not responded to a summons or has failed to appear ...
against the United States. He then sold "shares" of the phony company to fellow inmates and others. He claimed that these shares were backed by "redemption certificates", which would be redeemed when the "judgment" was collected. The judgment which he referred to came from a self-created court, after then- Secretary of State Madeleine Albright
Madeleine Jana Korbel Albright (born Marie Jana Korbelová; May 15, 1937 – March 23, 2022) was an American diplomat and political scientist who served as the 64th United States secretary of state from 1997 to 2001. A member of the Democratic ...
declined to respond to his demands. He demanded $100 trillion, as well as $1 billion per day in interest, because he believed that the United States government was unlawfully confining him. Petersen followed up by filing liens against property which was owned by the three federal judges. He also offered bounties for the arrest of the same judges to facilitate their transport to Minnesota to respond to his liens.[
]Scott Roeder
On May 31, 2009, George Tiller, a physician from Wichita, Kansas, who was nationally known for being one of the few doctors in the United States to perform late terminations of pregnancy (also known as "late-term abortions"), was murdered by Sc ...
, convicted for the 2009 murder of physician and abortion provider George Tiller
George Richard Tiller (August 8, 1941 – May 31, 2009) was an American physician from Wichita, Kansas. He gained national attention as the medical director of Women's Health Care Services, which was one of only three abortion clinics nationwide ...
, was also reportedly involved with the Freemen.
A 2011 National Public Radio
National Public Radio (NPR, stylized in all lowercase) is an American privately and state funded nonprofit media organization headquartered in Washington, D.C., with its NPR West headquarters in Culver City, California. It differs from other n ...
report claimed that some of the people who were associated with the Montana Freemen were imprisoned in a highly restrictive Communication Management Unit
A communications management unit (CMU) is a type of self-contained group within a facility in the United States Federal Bureau of Prisons that severely restricts, manages and monitors all outside communication (telephone, mail, visitation) of inmat ...
.[DATA & GRAPHICS: Population Of The Communications Management Units]
Margot Williams and Alyson Hurt, NPR
National Public Radio (NPR, stylized in all lowercase) is an American privately and state funded nonprofit media organization headquartered in Washington, D.C., with its NPR West headquarters in Culver City, California. It differs from other ...
, 3-3-11, retrieved 2011 03 04 from npr.org
See also
* American militia movement
The American militia movement is a term used by law enforcement and security analysts to refer to a number of private organizations that include paramilitary or similar elements. These groups may refer to themselves as militia, unorganized milit ...
* Militia of Montana
*Posse Comitatus
The ''posse comitatus'' (from the Latin for "power of the county/community/guard"), frequently shortened to posse, is in common law a group of people mobilized by the conservator of peace – typically a reeve, sheriff, chief, or another speci ...
* False lien
References
{{reflist, 30em
External links
Group profile at the Anti-Defamation League
Political movements in the United States
Garfield County, Montana
Christian terrorism in the United States
Religion in Montana
Armed standoffs in the United States
Paleoconservatism
Christian movements
Right-wing militia organizations in the United States
Patriot movement
Sovereign citizen movement