We need Obama to appoint more judges like this one? No thanks!

You may not be familiar with many of the Clinton judicial appointees from the 90’s.  But, let me introduce you to Lynn Winmill, a 1995 Bill Clinton appointee.

Chief District Judge B. Lynn Winmill, a 1995 Clinton appointee

Chief District Judge B. Lynn Winmill, a 1995 Clinton appointee

Judge Winmill was the presiding judge over a case out of Idaho where a man, Lynn Moses, was found guilty of “discharging pollutants” into one of the “waters of the United States.”  The thing is, Moses wasn’t discharging anything into the waters, he was extracting material from the channel.  A point of interest is that he was contractually obligated to do so to prevent flooding of the city of Driggs, Idaho.

Via Protein Wisdom:

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.”

His conviction ignores the fact that no evidence was ever presented in court that Mr. Moses “discharged” anything into the stream bed at all. He only removed sand and gravel bars that were already there and which he was contractually obligated to remove. He was extracting material from the channel, not discharging material into it.

H/T to Michelle Malkin, who notes, “You’re never safe as long as Clinton appointees are on the bench.

More on this story at Stiff Right Jab.

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