ACTION ALERT! Need Letters ASAP to AG Jeff Sessions WRT the Suction Dredge Ban Rinehart Case -- 16-970

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ACTION ALERT! Need Letters ASAP to AG Jeff Sessions WRT the Suction Dredge Ban Rinehart Case -- 16-970

Post by Admin on Sun Dec 31, 2017 9:53 am

Hey Gold Adventurers,

One more great opportunity to have your voice heard & help save our suction dredging/mining rights...

Please consider writing AG Jeff Sessions ASAP and get a letter in the mail come Tuesday, 2 January 2018. I have & will mail it out...

HOWEVER, since the SCOTUS is scheduled to hear the case review/arguments/briefing on Friday, 5 January 2018, my letter probably won’t arrive in time...

I am still going to snail mail it out so AG Jeff Sessions learns about his Obama hold over Assistant Solicitor General Lane McFadden and hopefully fires him ......regardless.

So, I encourage EVERYONE to edit their letters down to 2000 characters or less and go to the AG web site and submit an electronic version direct, to be sure AG Jeff Sessions hears from us all in time! I just did...

Contact AG Jeff Sessions here on-line:

Anyone can use my letters as a basis to draft up their own, if they want.  Never grow weary of fighting the good fight! Everything we’ve been fighting for since 2009 is at stake.

Randy C-17A Smile

My draft letter here:

31 December 2017

Attorney General Jeff Sessions
U.S. Department of Justice
950 Pennsylvania Avenue,
NW Washington, DC 20530-0001

Dear Honorable AG Sessions:

As a recreational gold prospector, small business owner and citizen, I am respectfully requesting you immediately rescind the recent briefing your Solicitor General provided to the U.S. Supreme Court (SCOTUS) for the pending Rinehart case, 16-970.

Time is absolutely critical, as the SCOTUS is scheduled to consider the Rinehart case on 5 January 2018.

The briefing that was prepared on your behalf is horribly flawed in that it failed to answer the basic question before the court (preemption), conflicts with federal mining laws and the intent of Congress, frustrates the long history of mining case law in America and is inconsistent with the objectives of President Trump to increase environmentally sound development of natural resources on federal lands and Make America Great Again.

This case, associated with a suction dredging ban imposed back in 2009, has put thousands of America’s hard-working, independent miners out of business for nearly a decade in the Western United States and is being fought against the very same environmental extremists, in society and in local/state governments and courts, who have challenged the Trump Team’s efforts to open up energy development on the federal lands and waters of the United States.

The Solicitor General’s brief was written by none other than an Obama administration holdover, Assistant Solicitor General, LANE N. MCFADDEN. Assistant Solicitor General McFadden is the very same person who briefed the California Supreme Court that states should have complete authority to impose any regulations they want upon mining on the federal lands. These regulations are now so prohibitive and burdensome that they effectively kill all recreational and small-scale mining altogether.

Sadly, this is where we find ourselves in California, Washington and Oregon today – shut down forever unless we are given an impartial review and relief by the SCOTUS.

Mr. McFadden’s most recent brief on your behalf to the SCOTUS makes Leftist arguments, will kill mining as we know it, as other Blue states are quietly waiting to see if the SCOTUS takes up the case or not, before implementing their own onerous and unnecessary regulations & laws that defy federal mining law.

It is incredibly troubling to see arguments in support of preventing reasonable mining operations and methods being made to the SCOTUS by the Solicitor General’s Office.

I am hopeful that Mr. McFadden, as an Obama-era holdover, is just one of many in government you have been looking to remove from public service – hold accountable for killing the American dream. We know the swamp runs deep and that it will take time to clean house. However, here is a great place to start – Mr. Lane N. McFadden.

The implications of allowing Liberal, Left-leaning state authorities to completely obstruct development of minerals on the federal lands will have catastrophic consequences to the future of America’s economy. I know I don’t need to tell you that we cannot Make America Great Again unless we open back up our domestic source of minerals. This, especially true in view of President Trump’s Executive Order, dated December 19th, directing his deputies to aggressively expand mineral development in America.

Sadly, several other states since 2009 have followed California’s unscrupulous behavior, like Washington and Oregon, and have issued similar obstructive and unlawful regulations on federally managed lands that go against federal mining laws, the intent of Congress, the construct of Federalism. All this lawlessness needs to be reversed.

I am attaching a letter written by the attorney who has helped us since 2009 regain our mining rights under the laws of this land. He clearly expresses my concerns in legal terms that may be very helpful to you.

Summary: Please, immediately rescind your current brief to the SCOUTS and present an explanation to the court that is consistent with the clear intention of Congress and 200 plus years of SCOTUS precedent. Again, this must be acted upon quickly because the Rinehart case will be considered by the Supreme Court on the 5th of January. If they refuse to hear the appeal, all is lost in America as to our lawful mining rights.

Thank you for your honorable service to our country.


Small Business Owner, Recreational Gold Prospector, Citizen


1). Murphy & Buchal LLP letter, dated 8 December 2017
2). President Trump letter, dated 9 December 2017

----- Forwarded Message -----
From: Dave McCracken <>

Sent: Friday, December 29, 2017, 4:34:22 PM MST
Subject: Action Alert: Swamp creature is representing the Trump Team to the U.S. Supreme Court!

Dear Fellow Prospector,

It has come to our attention that The Solicitor General’s brief to the U.S. Supreme Court was written by an Obama administration holdover, Assistant Solicitor General, LANE N. MCFADDEN. This is the very same person who briefed the California Supreme Court that States should have the authority to impose regulations upon mining on the federal lands that can be so burdensome; the regulations can be designed to kill mining altogether.

That is where we find ourselves in California and Oregon today – shut down unless we are given an impartial review by the Supreme Court. Mr. McFadden’s more recent brief to the U.S. Supreme Court basically makes the same leftist arguments.

We do not believe the Trump Administration is aware of the position Mr. McFadden has represented on behalf of the Attorney General's Office -- or represents President Trump's intentions.

We still have time to make them aware of it.

Even if these letters do not reach the target on time, bringing the matter to the Trump Team's attention is going to help us a great deal. A very similar case in Oregon is working its way towards the high court. So the more we can do right now, the better off we are going to be in the end. The stakes are too high for us to miss any opportunity!

We are requesting as many of you as possible to immediately send a letter to Attorney General, Jeff Sessions with copies to the Trump-appointed Solicitor General and Donald Trump. Here is a sample letter that you can either copy and paste from or use to draft your own language:

Here is the link to our attorney's letter that we refer to in the letter:

As always, we are asking all of the other mining organizations to develop a concentrated effort in this last big push.

For as long as we have been fighting to recover our mining rights, there has never been a more important time to make our voices heard. Our future, and to a large degree, America's future, hangs in the balance which very well might swing our way if we all make a lot of noise right now!

Thanks for all that you guys do to support our efforts!

Dave McCracken

The New 49'er Legal Fund

The New 49er's, 27 Davis Road, Happy Camp, California 96039, USA

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