Farmers and ranchers are the backbone of America. They work tirelessly to feed and fuel the nation, yet they face an often-overlooked threat: agricultural lawfare. This term describes the use of administrative, legal, and legislative systems to unfairly target farmers, ranchers, and agricultural producers. Politically motivated, overreaching criminal and civil penalties against hardworking Americans not only jeopardize livelihoods—they undermine life, liberty, and prosperity.
Agricultural lawfare has real consequences. Take the case of Charles and Heather Maude, whose family had farmed their land in South Dakota for 115 years. A simple property line dispute led to a federal grand jury indicting the Maudes for theft of government property, carrying potential prison time and fines of up to $250,000. The charges were politically motivated, unnecessary, and a stark example of government overreach. Thanks to persistent advocacy, these charges were ultimately dropped, restoring fairness to the Maudes…but not every American facing lawfare is so fortunate.
The problem extends far beyond just one family. Overcriminalization and regulatory overreach are rampant. Estimates suggest more than 300,000 federal “crimes” exist through regulatory and statutory law, many of which criminalize non-violent or technical acts. For farmers and ranchers, this can mean felony charges for minor disputes over fence lines, grazing permits, or classification of land. Agencies like the EPA or Forest Service can escalate civil matters into criminal prosecutions, turning routine compliance issues into potential life-altering legal battles.
Efforts to combat agricultural lawfare are gaining momentum. The USDA recently announced the Farmer and Rancher Freedom Framework, a comprehensive plan to protect agriculture, reduce onerous regulations, and prevent weaponization of government authority. Additionally, initiatives like the Farmers First Lawfare Advisory Council are reviewing cases where due process violations and overreach have been reported, informing broader policy recommendations to prevent injustice before it occurs.
Congress also has a critical role to play. Codifying mens rea requirements ensures that no farmer or rancher faces criminal penalties without intent to break the law. The Mens Rea Reform Act would establish criminal intent standards where they are currently absent, a major step in curbing regulatory overreach. Similarly, the Count the Crimes to Cut Act would audit and review the scope and impact of statutory and regulatory crimes, providing transparency and accountability.
Beyond prevention, Congress can help those already affected. Even when charges are dismissed, federal indictments leave permanent marks, limiting opportunities for Americans to move forward. Federal expungement reforms could give individuals a clear path to rehabilitate their reputations and fully reenter society, creating a fairer and more just system.
Lawfare is government at its worst, and farmers and ranchers often bear the brunt. Protecting them is not just about fairness, it’s about sustaining the industry that cares for the whole country. As Paul Harvey eloquently reminded us almost 50 years ago, “And on the 8th day, God looked down on his planned paradise and said, ‘I need a caretaker.’ So God made a Farmer. . . God said, ‘I need somebody strong enough to clear trees and heave bails, yet gentle enough to tame lambs and wean pigs and tend the pink-combed pullets, who will stop his mower for an hour to splint the broken leg of a meadow lark’. . . So God made a Farmer.”
Congress and policymakers must ensure that these caretakers of our land are shielded from unjust legal attacks, so they can continue their vital work for generations to come and ensure our justice system works as intended.