Podcast Summary: On the Media – "OTM Presents: The Experiment – The Loophole"

Introduction

In the February 4, 2021 episode of On the Media, hosts Brooke Gladstone and Micah Loewinger delve into a fascinating and obscure legal loophole within Yellowstone National Park. This episode, titled "OTM Presents: The Experiment – The Loophole," explores how a seemingly minor constitutional oversight can create significant vulnerabilities in the American legal system. The story intertwines the efforts of legal scholar Brian Calt, bestselling novelist C.J. Box, and elk hunter Mike Belderine to uncover and challenge this loophole.

1. The Discovery of the "Zone of Death"

The episode begins with Mike Belderine, an elk hunter from Montana, recounting his encounter in December 2005. Belderine describes setting out to hunt what he considers the biggest bull elk he has ever seen. Despite knowing it was illegal to hunt inside Yellowstone National Park after the season had ended, he proceeded and shot the elk, experiencing immediate regret.

• Belderine’s Experience:
  • [03:48] "I knew that if I killed the elk, I'd be breaking the law."
  • [04:13] "It was the worst sick feeling I ever had in my life."

Belderine attempted to cover his tracks by detaching the elk's head and antlers, believing he had committed what he thought was the "perfect crime." However, his actions inadvertently intersected with a legal loophole that Brian Calt would later uncover.

2. Brian Calt’s Legal Insight

Enter Brian Calt, a law professor at Michigan State University, who specializes in identifying and patching legal loopholes. Calt discovered a peculiar issue within the boundaries of Yellowstone National Park, known as the "Zone of Death."

• Calt’s Explanation:
  • [09:04] "The Constitution guarantees a trial by jury. So that means, technically, you can't be prosecuted."

The issue arises from the way Congress mapped Yellowstone's boundaries, creating small slivers of Idaho and Montana within the park's district. These areas are sparsely populated, making it practically impossible to assemble a jury from the same federal district, as mandated by the Sixth Amendment.

3. Bringing Attention to the Loophole

Calt repeatedly reached out to government officials, including the Department of Justice and Senator Mike Enzi of Wyoming, advocating for redrawing district lines to eliminate the loophole. Despite initial interest, Calt faced bureaucratic inertia.

• Calt’s Frustration:
  • [14:04] "I wrote letter after letter... They should see this as a no brainer."
  • [21:56] "Senate 4684, an act to designate the... Robert L. Brown Post Office."

Calt's efforts gained some traction when bestselling novelist C.J. Box incorporated the loophole into his novel "Free Fire," bringing wider public and political attention to the issue.

4. C.J. Box and the Impact of Fiction

C.J. Box's "Free Fire" features a protagonist who exploits the Yellowstone loophole to commit murder without legal repercussions. The novel's success not only popularized the concept but also prompted real-world political responses.

• Box’s Narrative Influence:
  • [17:07] "Part 1 A half hour after Clay McCann turned over his still warm weapons..."
  • [19:29] Senator Mike Enzi discusses the loophole on C-SPAN in response to Box's portrayal.

Despite the heightened attention, efforts to close the loophole stalled. Senator Enzi sent a letter to the Department of Justice in 2007, which ultimately resulted in no action being taken to rectify the flaw.

5. The Real-World Test of the Loophole

The loophole's notoriety came full circle when Mike Belderine found himself on the wrong side of the law. Unaware of the "Zone of Death," Belderine's illegal hunt inside Yellowstone became a test case for the loophole's validity.

• Trial and Legal Proceedings:
  • [26:53] Belderine expresses frustration with his lawyer: "I wanted to smack him. I was like, oh my God, sit down."
  • [27:22] "I deserve to get in trouble? Absolutely... I did wrong."

Despite his defense attempting to exploit the loophole by arguing the impossibility of assembling a local jury, the court dismissed this argument. The judge deemed it too esoteric to allow Belderine to escape prosecution based solely on this constitutional technicality.

6. Reflections on the Legal System and Government Inaction

The episode concludes with broader reflections on the American legal system's vulnerabilities and the government's tendency to overlook obscure yet critical issues. Ed Yong, a staff science writer at The Atlantic, discusses the implications of such loopholes in the context of national preparedness and governance.

• Yong’s Insights:
  • [30:03] "I worry about our capacity to learn from our past mistakes... whether we are capable of mustering the collective consciousness and the political will to actually address those problems."
  • [30:10] "America's possessed of this extreme sense of exceptionalism... if you think that you're already there, then you're probably not gonna put that effort in."

Yong draws parallels between the overlooked legal loophole and the broader challenges faced during the COVID-19 pandemic, emphasizing a systemic issue in proactively addressing potential crises.

7. Mike Belderine’s Redemption and Aftermath

After serving four years in prison, Belderine reflects on his actions and the personal growth that followed. He acknowledges his mistakes and expresses remorse, highlighting the human aspect of navigating legal and ethical boundaries.

• Belderine’s Redemption:
  • [27:22] "I deserve to get in trouble... I did wrong."
  • [32:54] "I hunt more now than I did then. I just don't, you know, I don't break no laws."

Belderine's story underscores the episode's central theme: the intersection of individual actions with systemic legal frameworks and the unforeseen consequences that can arise from seemingly minor oversights.

Conclusion

On the Media's episode "OTM Presents: The Experiment – The Loophole" masterfully weaves together legal intricacies, personal narratives, and broader societal reflections. It highlights how a small constitutional loophole can have profound implications, revealing the fragility and complexity of the American legal system. Through the stories of Brian Calt, C.J. Box, and Mike Belderine, listeners gain insight into the challenges of legislative reform, the power of fiction in shaping public discourse, and the enduring quest for justice within the confines of the law.

Notable Quotes

• Mike Belderine ([03:48]): "I knew that if I killed the elk, I'd be breaking the law."
• Brian Calt ([09:04]): "The Constitution guarantees a trial by jury. So that means, technically, you can't be prosecuted."
• Ed Yong ([30:03]): "I worry about our capacity to learn from our past mistakes... whether we are capable of mustering the collective consciousness and the political will to actually address those problems."
• Mike Belderine ([27:22]): "I deserve to get in trouble? Absolutely... I did wrong."

Attribution

This summary is based on the transcript of the On the Media podcast episode "OTM Presents: The Experiment – The Loophole," hosted by Julia Longoria and Bob Garfield, and produced by WNYC Studios and The Atlantic.