Many Americans are understandably upset at the lack of response from local and federal law enforcement agencies to the seizure of government buildings at the wildlife preserve in Oregon. "Why," they ask, "should a small group of self-styled "militia" who are at best criminals and at worst domestic terrorists be allowed to break the law with apparent impunity?" Careful consideration of the situation, however, indicates that the authorities have been wise to tread lightly. These men can and should be brought to justice, but that can be done without an armed confrontation leading to a bloodbath. Time is on the side of the government.
Anyone who argues for more forceful measures in Oregon would do well to consider past incidents. In 1992 U.S. Marshals and FBI agents provoked a violent confrontation trying to arrest Randy Weaver at his home in Ruby Ridge, Idaho. Weaver was suspected of anti-government activities but charged with a weapons violation. When he failed to appear at a hearing (perhaps because of a misunderstanding over the date), the court issued a bench warrant for his arrest. During the initial confrontation on August 21, U.S. Marshals shot and killed Weaver's 14-year-old son. A U.S. Marshal also died in the shootout. The following day an FBI sniper killed Weaver's wife. By all accounts, the operation was ill-conceived and badly conducted.
Despite this failure, Alcohol, Tobacco and Firearms (ATF) agents got embroiled in yet another confrontation the following year. Acting on information that the Branch Dravidian cult was stockpiling weapons at its compound in Waco, Texas, ATF agents tried to serve a search warrant at the compound on February 28, 1993. Six cult members and four ATF agents were killed in the initial shootout, and 76 more Branch Dravidians died in fires allegedly set by Koresh when FBI agents assaulted the buildings on April 19. ATF did have probable cause to conduct a search, but once again the operation was poorly conceived and badly executed.
Far from deterring anti-government activity, these two incidents encouraged it. Both the number of extremist groups and their membership increased over the following years. By 1995, according the Anti-Defamation League, "militia" groups had formed in most states. The Branch Dravidian siege motivated Timothy McVeigh to bomb the Murrah Federal Building in Oklahoma City. He carried out the deadly attack on the second anniversary of the Waco incident, killing, 163 people, including several children in a daycare center.
Local, state and federal law enforcement agencies could easily turf out the estimated 15 armed men occupying buildings at the Malheur Wildlife Refuge, but probably not without killing some of them and perhaps suffering casualties themselves. The dead would certainly become martyrs inspiring more extremists to take up arms against the government. Considerable evidence suggests that the group is hoping to provoke just such a violent confrontation. The authorities are wisely refusing to oblige them. Instead they are keeping well, back, securing the area and monitoring the situation.
Occupying empty buildings in the bitter cold 30 miles from the nearest town, the armed extremists have resorted to holding news conferences. These gatherings give them a national audience, but they also highlight the absurdity of the group's demands. The "militiamen" insist that the wildlife refuge and all federal land be returned to "the people," not the 320 million Americans to whom it rightfully belongs or to the Native Americans who originally owned it, just the handful of ranchers who want to exploit it for personal gain. The longer this standoff continues the more marginal and ridiculous this group will look. Eventually the media circus will end and the gunmen will get bored and try to leave. Then they can be arrested. In the meantime, making them look silly is the best strategy.