150 Militia Take Over Makhuer National Wildlife Preserve Headquarters

Can we reasonably assume from all the email exhanges between Oregon Gov. Brown OSP, FBI Ward, Grasty Obama Dept. of Justice, that by January 23, the assasination of LaVoy was pretty much decided. The FBI then puts this firearms tech in the midst of the protesters to incite them so the feds have a tighter case? Entrapment . . .

Maxine Bernstein afternoon Oct. 17 Malheur Protest trial


http://www.oregonlive.com/oregon-sta...tness_con.html


http://image.oregonlive.com/home/oli...atars/4406.pngBy Maxine Bernstein | The Oregonian/OregonLive
Email the author | Follow on Twitter
on October 17, 2016 at 6:45 PM, updated October 17, 2016 at 7:36 PM






Defense rests with witness confirming he was FBI informant and ran occupation's shooting range

http://image.oregonlive.com/home/oli...4f1ed2befd.jpg

Defense lawyers rested in the Oregon standoff case Monday after they called a witness who confirmed he was an informant for the FBI and acknowledged that he infiltrated the occupation of the Malheur National Wildlife Refuge and supervised the shooting range for several days.

The man who occupiers initially knew only by his alias "John Killman'' was revealed to be Fabio Minoggio, a Las Vegas resident subpoenaed by the defense to testify after prosecutors declined to confirm if he was a government informant.

Prosecutors followed with a quick rebuttal case, calling four witnesses to counter various points made in the defense case.

And so ended the evidence phase of the federal conspiracy trial of refuge takeover leader Ammon Bundy and six others after five weeks of testimony. U.S. District Judge Anna J. Brown will give jury instructions Tuesday morning with closing arguments to follow.

The defendants are accused of conspiring to impede employees of the U.S. Fish & Wildlife Service and U.S. Bureau of Land Management from carrying out their official work through intimidation, threat or force. Four of the seven are charged with possessing a firearm in a federal facility and two are accused of theft of government property.

Minoggio, the defense's last witness, wore black-rimmed glasses resting on the bridge of his nose and was dressed in a blue polo shirt and orange cargo pants. He testified that he was at the refuge from Jan. 23 through Jan. 26 and that the FBI reimbursed him for his expenses.

Asked if he received any other payments from the government for his information, Minoggio said, "No, it was freely given. I wasn't enticed or anything.''
Minoggio said his truck did break down at one point and he bought a ballistics vest because he felt he was "going into harm's way.''

"I was fully aware of what I was doing,'' he added.

While at the refuge, Minoggio said he was asked to oversee the shooting range, which earlier testimony revealed was by the refuge boat launch. He said he provided training on firearms safety and proficient use of firearms to the occupiers.

Minoggio was one of 15 confidential informants who fed the FBI information about the occupiers, testimony showed.

Nine of the 15 were at the refuge for various lengths of time between Jan. 4 and Jan. 26, according to a statement that Assistant U.S. Attorney Craig Gabriel read to jurors. Those nine included the three who have been identified at trial: Minoggio, defense witness Terri Linnell of California and Mark McConnell, who was the driver of the Jeep that Ammon Bundy was riding in when he was arrested on Jan. 26.

None of the unidentified other six informants were at the refuge beyond Jan. 23, Gabriel told jurors.

Killman, defense lawyer Tiffany Harris pointed out in a written legal brief, was a participant in the firearms and military-style maneuvers training during the occupation and helped train one of the defendants, Jeff Banta, in hand-to-hand combat techniques.

He spoke with a French or South African accent to people at the refuge and his Facebook profile included a majority of friends who occupied the refuge, according to defense lawyers. Defense investigators learned Minoggio was born in Switzerland and had served in the Swiss army for 20 years. He was trained in "psy-ops,'' weaponry and martial arts, according to Harris' legal brief.

"We are dealing here with a situation of a confidential informant who is participating in the commission of the alleged offense,'' defense lawyer Marcus Mumford said in court.

Earlier Monday, prosecutors had refused to confirm if the man who went by "Mr. Killman'' was working for the government.

Assistant U.S. Attorney Geoffrey Barrow said prosecutors aren't obligated to disclose any information identifying informants. If a person takes the witness stand and isn't truthful about their role, then the government would be responsible to come forward and correct any misinformation, he said.

Harris, who is standby counsel to defendant Shawna Cox, said Killman had been adamant that he wasn't an FBI informant, yet unredacted records that defense lawyers had from the government on the 15 confidential sources provided supporting material to suggest that he was acting in that capacity. They believe he was classified as the FBI's "confidential source No. 2.''

Brown ruled that she wouldn't order the government to identify any of its 15 confidential sources, but if a witness testifies in a way that the government knows is false, "then we have a different story.''

Defense lawyer Matthew Schindler, who represents defendant Kenneth Medenbach, argued that the defense team had the right to know who the "mystery people'' were who brought the 22 long guns and 12 handguns to the refuge that prosecutors had FBI agents parade before jurors. Schindler pointed out that prosecutors and the FBI didn't identify who brought most the guns.

After the defense rested, prosecutors called four witnesses to testify. FBI agent Ben Jones was called to answer rancher Duane Schrock's testimony that Jones had intimidated him when Jones showed up at his ranch on Sept. 21 after Schrock was listed as a potential defense witness.

Jones said he did show up unannounced to Schrock's ranch outside Crane on Sept. 21 at the request of prosecutor Gabriel.

During direct examination, Jones said he pressed Schrock about what guns he saw on the refuge and was surprised that Schrock hadn't seen more during his trips to the refuge. Schrock then told the agent that he saw a man walk into a meeting he was having with Ammon Bundy, holding a long gun, Jones said.
The agent approached the rancher as Schrock was seated on a tractor, he said.

During cross-examination by defendant Ryan Bundy and defense lawyer Marcus Mumford, Jones acknowledged that he was armed and accompanied by another agent when he visited with Schrock. Bundy asked if the agent considered it intimidating to show up as a government agent, armed, to interview a defense witness.

"Yes, that's something I think about,'' Jones said. "I try to be friendly and professional.''

Harney County Sheriff's Sgt. Lucas McLain was called back to the stand and testified, contrary to defendants' accounts, that he never was at the Ye Old Castle restaurant in Burns on Jan. 2 when Ammon Bundy announced his plans to occupy the refuge before a march and rally in support of Harney County ranchers Dwight Hammond Jr. and Steven Hammond.

McLain said he was riding with a partner as ordered, for officer safety, that day, sitting in his patrol car on Oregon 205 at Greenhouse Lane.

Harney County commissioner Steve Grasty testified for the government that he had asked Ammon Bundy to leave town during a town hall meeting on Jan. 19 in the Burns high school gym.

"I told Mr. Bundy he'd been there long enough and it was time for him to go home,'' Grasty said.

Grasty also explained why he didn't allow the Committee of Safety -- a group of local residents who formed at Ammon Bundy's urging -- to meet in the county fairgrounds as members had requested.

Grasty said the decision was made because of the ongoing occupation and the lack of a formal application and fees paid for the use of the county facility. He also said it was because there were "crimes being committed'' at the refuge but his statement was stricken from the record.

Lastly, refuge manager Chad Karges was called back to the stand by prosecutors.

He testified that no refuge contractors were working or present at the refuge during the course of the 41-day occupation. Defense witnesses had said that a U.S. Fish & Wildlife Service maintenance man was seen on the property.

Karges also noted that his dark brown official government jacket with the Fish & Wildlife Service logo on it was missing from the refuge when he returned to the property with FBI agents in mid-February.

In other developments Monday, the judge limited the government's proposed rebuttal case.

Prosecutors weren't allowed to call a government lawyer to discuss the court orders that were in place regarding Cliven Bundy's cattle that led to the standoff with protesters in April 2014 outside his ranch in Bunkerville, Nevada. They also weren't allowed to call U.S. Bureau of Land Management agent Jason Curry to discuss the armed standoff in Bunkerville. The judge reminded the government there's already a statement before jurors on what occurred in Bunkerville.
Barrow, one of the prosectors, had sought to call those witnesses to rebut what he characterized as Ammon Bundy's "distorted'' testimony about what precipitated the Bunkerville standoff.

Before court was adjourned, the judge read a note she received from six of the eight alternate jurors.

They asked that they be allowed to listen to a live audio feed of jury deliberations because they each felt "a vested interest in the trial.'' While they recognized that their request was unusual, they asked that it be considered, calling the Bundy trial a "landmark case in Oregon's history.'' They said their request reflected their "earnest attempt'' to understand the deliberations process.

"I've never had such a request,'' Judge Brown said. She also said she doesn't believe she can grant it. Among other things, if an alternative juror replaces one of the other jurors during deliberations, the alternate must start anew and not consider the earlier discussions.

-- Maxine Bernstein
mbernstein@oregonian.com
503-221-8212
@maxoregonian

Shari Dovale, Redoubt News, Defense Rests . . . . . .

11 mins ·
https://fbcdn-profile-a.akamaihd.net...815738d950fb53


The Cowboy and the Lady

11 mins ·

Are jurors smart enough to see the railroading? Closing arguments start today...and remember in reading this, not all informants stayed at the refuge, hmmmm. Again, not all informants stayed at the refuge...And the other 6 of nine staying there left by the 23rd? So, informants numbered 15? What would one call those then that were still there and Fed's using them to finish out the stand? Bait? Actors? What other labels could there be? Because the 6 not staying at the refuge must have still been in play? It appears evidence is being hidden, duh, that would help the defense. Kangaroo court? How about No court but a grand standing theater? Pray the jurors are good Americans not on the take and they come back with not guilty.
#Trthecowboyand1




Malheur 7 – The Defense Rests


MALHEUR PROTEST TRIAL WOUND DOWN TODAY IN A FLURRY OF LAST MINUTE ACTIVITY.

October 17, 2016 BLM, DOJ, government, Oregon
http://redoubtnews.com/wp-content/up...er-800x150.jpg

http://i2.wp.com/redoubtnews.com/wp-...size=678%2C381

Malheur 7 – The Defense Rests

by Shari Dovale

The case of the Malheur Protest Trial wound down today in a flurry of last minute activity.

The defense continued asking for information on the Confidential Human Sources (CHS) used by the government to inform on the Patriot protesters. There were a total of 15 informants providing 129 reports, of which they were all redacted when sent to the defense.

One more informant was named, Fabio Minoggio, also known as John Killman. He testified that he was reimbursed for various expenses, including a ballistic vest, car repairs, and gasoline while at the refuge. He participated in the protest, including providing firearms training. He also taught defendant Jeff Banta hand-to-hand combat training.

Before Minoggio took the stand, Judge Anna Brown insured that he was provided a court appointed attorney to look out for his Constitutional rights. This is interesting because she had not given that same protection or concern for other witnesses during this trial.

When his attorney came into the courtroom to give a status update, he asked for, and received, an ex-parte meeting with the judge about “the wisdom” of his client’s testimony. This seemed highly improper to me, but the judge came back in and reassured everyone that it was fine. (Yeah, okay.)

As far as the remaining Informants, Judge Brown was very clear from early on that she was not going to allow the names and info to be released. “I am not compelling the government to do anything,” she said, “because I don’t believe I have the authority to do so.”

She did push both sides to come up with a stipulation. The stipulation included the fact that out of 15 total informants there were 9 staying at the refuge. 3 have been identified. Out of the remaining 6 that stayed there, they all left the refuge by January 23^rd. The stipulation did not include any information on any informants that were staying in the town of Burns. It did not include what compensation they received, or what information they reported.

With the micromanaging of Judge Brown, the prosecution and defense were a little out of order in completing their cases, but they did get done. The prosecution put a few witnesses on for rebuttal that were not very impressive. Steve Grasty took the stand and it was easy to see why the government waited to call him, as he was not a very good witness.

At one point, he was asked if the Malheur Wildlife Refuge was “a Federal Facility.” He was quick to respond with “Yes! As is most of Harney county.”

Grasty made multiple attempts to accuse the protesters of committing “crimes” however the defense forced him to admit that he knew that no state laws had been broken.

Grasty talked about the meeting at the high school on January 19^th. He stated that he told Ammon that it was time for him to leave Harney County. When the defense objected, Judge Brown said that this was not being offered for Truth, but for the fact that he said it.

Brown allowed Grasty to repeat it and there were more objections. Judge Brown just said that she wanted to be sure the jury heard it.

Chad Kargis took the stand again. He tried to say that he personally supervised each employee during the occupation, however, he was forced to admit that he left Harney County on January 7^thand did not return until after February 11^th.
Deputy Lucas McLain took the stand and hedged his answers to Marcus Mumford. Judge Brown got upset with Mumford when the attorney was trying to find out where McLain was during the day on January 2^nd. No records were provided to verify this information, and Judge Brown would not allow him to explore this on cross examination. When Mumford said he wanted to recall the deputy, Brown put her foot down and told him “No!”

There were more moments from Judge Brown today, including calling one of the prosecutors by his first name…accidentally, of course. She also referred to the defendants, in front of the jury, as “the conspirators”. She did not say “alleged”. This is not the first time she has made this mistake. This is a bit of a habit for her, it seems.

Before the jury left for the day, the alternate jurors made an unusual request of Judge Brown. Due to the time investment they have put in to this trial, they requested to be able to sit in a nearby room and listen to the deliberations. This, of course, is against the law, but it was interesting that they should ask.

The closing arguments will begin tomorrow and are expected to last into Wednesday afternoon. The jury will receive the case at that point. The jury will deliberate during normal hours on Thursday, then have an expected 3 day weekend, returning on Monday morning.

Comments from facebook

Amy Hunt

5 hrs · Rainier, WA, United States

*John KILLMAN* FBI INFORMANT.

https://fbcdn-sphotos-e-a.akamaihd.n...099c5d82cb37e4
https://fbcdn-photos-d-a.akamaihd.ne...99722351972162
https://fbcdn-photos-b-a.akamaihd.ne...1f11292ff7c440



Tami Crawford
Exactly what I've said all along. The Government PULLED THIS BULL$&@& WITH THE HAMMONDS KNOWING THAT THE BUNDYS AND FEW PATRIOTS WILLING TO STAND UP TO THEM WOULD COME TO OREGON AND STAND UP TO THEM!! They set the trap and the BUNDY FAMILY AND OTHERS WALKED RIGHT INTO IT!!

Because the Feds were too chicken$&@ to go to Nevada and are hell bent on stealing their land!!!

SHAME ON YOU TYRANTS! How do you all sleep at night! You are in league with Satan and I really hope you think about what matters in this life. And the destruction of this beautiful amazing country will get you a ticket to hell!

Sorry people but this makes me so mad!
Like · 1 · 10 hrs


Deb Jordan

6 hrs ·

6 people staged a protest at a refuge and 9 of them were informants!
~ Pete Santilli

https://fbcdn-sphotos-e-a.akamaihd.n...9c4f9385a12821





18 Likes8 Comments12 Shares

Jake Morphonios Informant was Swiss Army soldier

http://youtu.be/Vmbfhv_gViU


https://youtu.be/Vmbfhv_gViU

An email that was posted on facebook referencing gov't. intimidation . . . .

[/url]https://www.facebook.com/tammy.hill.549/posts/1444573638893410[/url]

The Cowboy and the Lady shared Tammy Hill's post.

44 mins ·
more intimidation...it HAS TO END! the only criminals are the FEDS!


https://fbcdn-profile-a.akamaihd.net...724d62594f32c0Tammy Hill4 hrs ·

This is a little late, but just saw the email. This is via Todd Bethell

Witness intimidation by the court.

My name is Todd Bethell, owner/operator of FAST Scanning, San Diego CA. Ammon Bundy put out the call in several of his interviews for experts in land records, maps and document management to come to the refuge to help process the large numbers of records that indicated corruption or abuse of power by the BLM. I was still at the refuge as late as 1am on Jan 27th observing and recording many important events.

What I believed would be useful and unique testimony on behalf of Ammon, Shawna, David Fry, and other defendants.

Unfortunately, it is now imploding due to government intimidation of Shawna Cox and myself. The government does not want the jury to know that there was a document/evidence preservation effort. Shawna has been told by the government and even her own standby counsel that even if she is found innocent of the main charges that the government can and will follow up with charges of theft of government records (when she only made copies of them).

This would clearly be a 5th amendment violation, but this did not stop government from re-imprisoning the Hammonds a year after they completed their sentences.

Shawna is scared.

On Tuesday 11 Oct. I received a call from attorney Nell Brown appointed by Judge Anna Brown (no relation) telling me that “I’ve been asked by the Judge in the Malheur case to talk to witnesses who might need attorneys, people who’ve been called by the defense as witnesses who might have exposure, meaning they might be facing criminal charges of their own, if they testify, depending on what they say…”.

Yes, I and my family and Shawna Cox are intimidated and scared. Today, I asked for a little time to consult with Ammon’s attorney Marcus Mumford because it appeared my testimony and video evidence was being so narrowed it helps only the government.

Around 2:30pm today, it appears to me that two people working for Shawna’s standby government attorney (Typhanny Tucker and Steve Wilson) decided that my testimony was no longer needed.

Thus, yanking the rug out from the other defendants who probably don’t even know I exist. I simply refuse to have words put into my mouth, to be manipulated or threatened into helping the government. I will testify only to the facts… the ‘whole truth’ one way or another. More to come.

Respectfully,
Todd Bethell, CFM, MBA

toddbethell@fastscanning.com
949-394-5932

John Lamb's video report on the Oct. 18 morning session. It will be on youtube later


https://www.facebook.com/john.lamb.1...PAGES_TIMELINE

Thom Davis/Rene Powers, seeking participants in lawsuit against Oregon Gov. Kate Brown, Bretzing, David Ward, Steve Grasty, and many more. . . . . .

I just noticed the date March 16, 2016

https://www.facebook.com/notes/the-c...15946998475019


https://fbcdn-sphotos-c-a.akamaihd.n...0d8550d25bbf77


NOTICE OF INTENT TO SUE PARTIES PERSONALLY FOR DAMAGE TO THE PEOPLE. Kate Brown, Ward, Grasty, Bretzing & MORE!


THE COWBOY AND THE LADY·WEDNESDAY, MARCH 16, 2016

By: Thom Davis and Rene’ Powers, The Cowboy And The Lady

The Cowboy and The Lady have been contacted to assist in building a national action for justice. We have been asked to put out a Call to Action seeking lawful assistance in an action over Kate Brown, Greg Bretzing, David Ward, Steve Grasty, bureau and agency employees and others in their personal capacities, too many to mention.

Americans from all walks of life have been reaching out, messaging and calling saying we need to have a national action, so we have agreed to assist in spreading the word and taking in contacts to assist. We believe in honoring America and stopping tyranny so have agreed that this is an action we will support.

We have also been asked to keep BAR card carriers out of this as Americans have had enough with the foreign agents. There are links below for reading, learning and creating a reason to think and take action to assist. What we know is that the Attorneys in this country have caused more damage than we may have realized before. Are you aware that the woman, Katherine Armstrong, who created the affidavit against the Political Prisoners arrested for the Malheur Refuge, had no previous law enforcement training, but was a Pennsylvania Prosecutor before her “FBI intelligence training”? ATTORNEY! Have you seen this segment that shows how the President of the ABA participated in discussions of laundering dirty money into the UNITED STATES? Seems we aren’t the only ones now questioning the BAR. http://www.cbsnews.com/news/

Are you one who wants to participate? If you would like to participate we ask that you email us at
TR_thecowboyandthelady@yahoo.com.

We will ask that you put, CALL TO ACTION/SUE in the subject line as we begin categorizing the teams needed. Are you good with media? Writing? Law? Are you a PAG? Are you a Constitutional leader? We welcome all who would like to participate.

As the teams come together we will update this article and thank all who desire to hold the tyrannical men and women harming Americans accountable. We have a duty to our brethren.

TR/The Cowboy and The Lady
THREE CRIMES IN THE CONSTITUTION: https://www.facebook.com/notes/rene...

JUDGE WARNS POLICE TO PUT THEIR PERSONAL PROPERTY, HOUSES, LAND AND OTHER ASSESTS INTO THEIR OWN NAMES: https://www.youtube.com/watch?v=rZe...

ROD CLASS PROVES THERE IS NO JURISDICTION: http://itnjcommittee.org/wp-content...

Rebecca Coop is no longer a part of the ITNJ but the information within this document will lay your evidence out as to why the courts held no jurisdiction. Lifting the veil of authority to show the truth, Rod Class proved his case and won. All Political Prisoners should have this information.

LEGAL DECEPTION FILES OF INFORMATION AND EDUCATION: https://www.facebook.com/groups/Leg...

LAWYERS AND ATTORNEYS ARE NOT LICENSED TO PRACTICE LAW: http://freedom-school.com/lawyers-a...

LAWYERS AND THEIR SUPPOSED AUTHORITY: https://www.youtube.com/watch?v=vie...

CITIZENS OF IDAHO: www.citizensofidaho.com

THE PEOPLE OF IDAHO: www.thepeopleofidaho.com

https://fbcdn-sphotos-c-a.akamaihd.n...0d8550d25bbf77The American Patriot is an enddangered species and we must not allow the Corporations to kill them off

John Lamb's afternoon video report on the Malheur Protest trial Oct. 18,

https://www.facebook.com/john.lamb.1...PAGES_TIMELINE

Maxine Berstein, Oregonlive Oct. 18

http://www.oregonlive.com/oregon-sta...ly_differ.html


http://image.oregonlive.com/home/oli...atars/4406.pngBy Maxine Bernstein | The Oregonian/OregonLive
Email the author | Follow on Twitter
on October 18, 2016 at 7:17 PM, updated October 18, 2016 at 7:21 PM

https://fbcdn-sphotos-e-a.akamaihd.n...4372b182c1e714

Lawyers present starkly different portraits of refuge occupation in closing arguments

Prosecutor Ethan Knight urged jurors to use their common sense as he framed the federal conspiracy case against Ammon Bundy and six others as strikingly simple: "These defendants took over a wildlife refuge and it wasn't theirs.''

It's not about land use, he said Tuesday. It's not about their objections to more prison time for Harney County ranchers Dwight Hammond Jr. and Steven Hammond, nor is it about what happened during the 2014 standoff with federal agents in Bunkerville, Nevada.

"They decided to pick and choose the rules and laws that apply and take over property that didn't belong to them,'' Knight said of the Malheur National Wildlife Refuge.

"This space does not belong to these folks and they treated it as they did,'' Knight said.

Ammon Bundy's lawyer Marcus Mumford countered that it's the federal government that doesn't play by the rules, manufactured fear and misinformation in Harney County during the refuge occupation and overstepped its bounds by charging Bundy with a criminal conspiracy charge more suited for a "mobster.''
Mumford argued that Bundy's intent was to stake claim to the wildlife sanctuary because he felt there was a legitimate dispute regarding the ownership of the land. He had hoped to end up in civil court to argue that the federal government lacked jurisdiction to control the property, his lawyer said.

He argued that Bundy didn't enter into any agreement with anyone until Jan. 2 when he proposed taking over the refuge to others at Ye Old Castle restaurant in Burns. He said the "hard stand'' that Bundy referred to while addressing supporters on a snowbank later that day before driving to the refuge, amounted to a "peaceful'' but "determined'' stand. He needed to take action that would draw attention to his cause after local and state officials repeatedly ignored his "Redress of Grievance,'' Mumford argued.

"Is it illegitimate to tell the government to respect its limits? Is it illegitimate to tell the government to respect the Constitution?'' Mumford questioned, leaning his two arms on a lectern set up in front of the jury as he spoke. "The object and aim of Mr. Bundy was to rectify a wrong. Whatever the effect was of an adverse possession claim – or any other – is not relevant.''

The lawyers' closing arguments followed five weeks of testimony. All seven defendants are charged with conspiring to impede officers of the U.S. Fish & Wildlife Service and the U.S. Bureau of Land Management from carrying out their duties at the refuge and other places through force, threat or intimidation. Four of the seven – Ammon Bundy, brother Ryan Bundy, David Fry and Jeff Banta – also are charged with possession of a firearm in a federal facility in the course of the conspiracy. To be found guilty of this charge, the four would have to be found guilty of the conspiracy count. Two others face the charge of theft of government property.

Using defendants' own words captured on videos and audio recordings, as well as their testimony in court, Knight argued that their strategy to stake claim to the wildlife sanctuary through the principle of adverse possession supported the conspiracy charge.

As Knight spoke, Ammon Bundy swiveled in his chair and faced the prosecutor and the jurors.
They've told you, Knight said, that they wanted to turn the property over to the people of Harney County, not employees of the Fish & Wildlife Service and Bureau of Land Management.

"Their plan to adversely possess this property is an admission to Count 1,'' Knight said.

The conspiracy began, he said, when Ammon Bundy and ally Ryan Payne met Nov. 5 with Harney County Sheriff Dave Ward and promised that there would be "extreme civil unrest'' unless Ward prevented the Hammonds from returning to federal prison on an arson conviction for setting fire to federal land, including refuge property.

"They wanted him not to play by the rules,'' Knight said. "The seeds were sown in November to do something about it and take what Ammon Bundy described as a 'hard stand.'''

The coordinated Jan. 2 seizure of the refuge had a substantial destabilizing effect on county residents and the 16 refuge employees who couldn't report to work during the 41-day occupation, Knight said.
"These are real people with real jobs whose lives were profoundly disrupted by the choices these defendants made,'' he told jurors.

He pointed to refuge archeologist Carla Burnside who found her office ransacked, refuge ecologist Jess Wenick who couldn't locate important documents after returning to his desk months later, refuge fish biologist Linda Beck who couldn't access the boat launch and check on invasive carp in the refuge waterways and refuge manager Chad Karges, whose official Fish and Wildlife Service coat was missing after the occupation.

He ridiculed the suggestion by defendants that any of the refuge employees could easily have shown up to work while the Bundys were using their offices or co-defendant David Fry had his laptop plugged into a worker's computer.

"These folks were not welcomed back,'' Knight said.

Yes, the defendants welcomed people to the refuge who supported their causes, and fed and found them places to stay, the prosecutor noted. But putting armed guards at the front gate and in the watchtower from the first day of the takeover and creating military-style squads and doing firearms training were aggressive and frightening tactics, Knight argued.

"People brought their guns to fortify themselves in a place that didn't belong to them,'' he said. "The message was very clear to stay away.''

Knight played a video of eight to 10 men at the refuge boat launch firing assault rifles. "This is not a firing range ... this is a wildlife refuge that belongs to other people where no firearms are permitted," he said. "This is inherently intimidating.''

The prosecutor described the law enforcement response -- from Harney County Sheriff Ward's efforts to be accommodating to Bundy to the FBI's decision not to make arrests early in the occupation -- as calculated decisions "not to escalate the situation and disengage.''

The reason FBI agents didn't try to grab fingerprints off guns or trace each piece of ammunition, Knight said, was because "this case is not a whodunit.''

"These defendants are on video talking about their presence there,'' he said.

Mumford didn't spend talking about the activities that occurred at the refuge and instead worked to pick apart the government's evidence. He described the government's case as full of deceit and untruths, pointed to what he considered the indiscriminate nature of arrests and lack of federal follow-up to tie people to the firearms recovered from the refuge.

Highlighting the government's use of informants, Mumford directed jurors to the judge's instruction that states the acts and statements of an informant "cannot form the basis of an illegal conspiracy or be attributed to any defendant.'' He reminded jurors there were 9 FBI informants at the refuge, and six remain unidentified.

The last witness called by the defense was a Las Vegas man named Fabio Milaggio, who went by the alias "John Killman,'' at the refuge and was in charge of the shooting range. He arrived at the refuge on Jan. 23, and two days later, eight to 10 men were filmed on video firing assault rifles in a target practice from the refuge boat launch. Mumford chuckled at the fake name he surmised the FBI gave Milaggio, and maintained the FBI sent Milaggio to the refuge, "because they needed footage to scare people.''

"There were more FBI confidential informants at the refuge than there are defendants in this room,'' Mumford said.

Referring to co-defendants Neil Wampler, who cooked for occupiers, and David Fry, the computer technology expert, Mumford went on, "They charged the cook but not the confidential informant running the shooting range...They charged the kid who was good with computers but not the Navy Seals who came in and trashed the place.''

When Bundy was arrested riding in a Jeep during a high-risk felony stop by police on Jan. 26, the only occupant of the Jeep who was armed was the driver Mark McConnell, "their own government informant,'' Mumford noted.

He argued that the government presented photos of men with assault rifles without context, pulling up the photo prosecutors had shown to jurors at trial of a Pacific Patriot Network security team member Kevin Rhodes, who stood outside the refuge one day with an assault rifle. He wasn't called to the refuge by Bundy, but by the Pacific Patriot Network that arrived on scene. He showed another photo of a man inside a refuge building, dressed in camouflage with a handgun jutting from his right front pocket, and his hand resting on a large broom.

"In some ways these are the worst conspirators I've ever seen – if you're going to conspire, you don't do so by sweeping up rat feces,'' Mumford said.

Mumford acknowledged that the occupiers controlled the entry and exits to the refuge, but said it was part of their adverse possession claim. Bundy educated people at the refuge about their individual rights and gave a voice to local ranchers who had been oppressed by the government. He said the refuge employees didn't enter into Bundy's mind, and argued they were able to continue their jobs off site.

"Why is it they impute illegal conduct to demanding the government follow the law?'' he asked.

He urged jurors to take their own stand.

"The U.S. Constitution makes you the last stand,'' Mumford said leaning on the lecturn and pointing to jurors with both hands. "Stand. Stand alone if you must but stand. Others will follow. We ask all of you to stand and say 'this must stop.' It cannot be illegal to demand the government follow the law...You are the heart and lungs of liberty. Only you can make clear that Mr. Bundy is not a conspirator.''

According to the prosecutors, each of the defendants played a role in the occupation. Ammon Bundy was clearly the leader – and somehow lost sight that the refuge's 187,000 acres didn't belong to him while at the same time making an effort to safeguard the refuge's money pouch containing cash and credit cards because it wasn't his, the prosecutor said.

Ammon Bundy's older brother, Ryan Bundy, was "virtually everywhere at critical junctures'' of the occupation, Knight said, noting that he accompanied co-defendant Kenneth Medenbach when he drilled "Closed Permanently'' signs into the door of the Hines office of the Bureau of Land Management. Ryan Bundy operated large refuge machinery when fellow defendants helped cut a portion of the refuge fence on Jan. 11, he said. And Ryan Bundy aided and abetted in the removal of FBI cameras from a utility pole on a rural road outside the refuge on Jan. 15, he said.

Shawna Cox, Knight maintained, also was a leader. When arrested Jan. 26, she was carrying a thumb drive that contained more than 5,000 documents stolen from the refuge, he said. He played an audio interview that Cox gave in March after her arrest when she said she was at the refuge gathering records on the Hammonds' case. Knight also pointed to the videotape that jurors had seen of Cox's arrest on Jan. 26, when she yelled to occupation spokesman Robert "LaVoy" Finicum to "gun it'' and speed off from state police.
"It's not about beliefs or values. It's about deciding which laws and which rules apply and which don't'' to these defendants, Knight said.

He identified David Fry as the "media IT person'' who helped get the occupation message out to the world and was pictured carrying a gun in a refuge building. He accused Jeff Banta of conspiring with Fry to remain at the refuge for two more weeks after the leaders or organizers were arrested on Jan. 26. He pointed out that Kenneth Medenbach also changed refuge signs and put decals on refuge trucks that said "Harney County Resource Center.''

"These defendants decided this was all theirs at a very basic level, their property,'' Knight said. "It's about a collective decision to take what is not theirs and make it theirs.''

Ammon Bundy's brother Ryan Bundy, who is representing himself, is expected to lead off the other defense closing arguments on Wednesday.

-- Maxine Bernstein
mbernstein@oregonian.com
503-221-8212

Toddd Macfarlane, RangeFire Day 21, Malheur Protest trial


http://rangefire.us/2016/09/29/ongoi...-defense-case/


DAY 21 — Tuesday, October 18, 2016 — CLOSING ARGUMENTS

http://rangefire.us/wp-content/uploa...-1-280x300.jpg

Opening Statements took one day, but it is anticipated that Closing Arguments will take two full days. The Government made its closing arguments this morning, through Assistant U.S. Attorney Ethan Knight, and many have characterized his arguments as “very weak,” and grasping at straws, as he attempted to show that there was some kind of conspiratorial agreement between all the defendants to impede or interfere with federal employees doing their duty. He did not address the fact that the decision to close the Refuge and the local BLM office was made even before the occupation even began. He did not address the fact that all the federal employees in question continued to do their work and were paid accordingly even though they did not report to the Refuge or the BLM office.

On the other hand, Defense Attorney Marcus Mumford highlighted the fact that of the 43 witnesses the government called in the case, 40 of them were government employees or paid operatives or informants, and not one of them could testify that he or she had been threatened. He also pointed out that the Government had a total of 15 paid informants or agents provocateurs, with 9 at the Refuge, only three of whom have been identified. In her instructions to the jury, Judge Brown instructed them that it was not possible to illegally conspire with government informants or operatives, which creates a huge issue in terms of the question of reasonable doubt. Without knowing whether the people they were talking to were government operatives or not, it would be very challenging to establish any type of alleged conspiracy beyond a reasonable doubt.

Attorney Mumford said that the defendants had operated very openly and transparently, and in broad daylight, as they sought to stake an adverse possession claim at the Refuge, while the government had been very deceitful in its efforts to manufacture evidence and escalate the situation. He pointed out that the Government’s information, Fabio Minaggio (aka “John Killman”) had come to the refuge, and worked to create evidence of excessive expended ammunition, and use of firearms to create images to invoke fear and intimidation. He also showed where the government had only been able to tie 2-3 of the firearms left at the refuge to any of the defendants in this case. He argued that it is the government which is operating outside the bounds, outside the law, and must be reined in by the jury.

At this point in the case, although media coverage of the closing arguments is in stark contrast, many Bundy haters, including some high-profile environmental preservation activists (like Kieran Suckling with the Center for Biological Diversity) are in full-scale panic about the direction the case appears to be headed, calling possible acquittals in the case “catastrophic disasters” that will lead to multiple occupations and violent protests throughout the West. Never mind that the only violence that has been inflicted by anyone up to this point has been inflicted by the Government.

There will be another full day of closing arguments tomorrow, with each of the remaining defendants expected to take at least an hour. Then the government will be able to make rebuttal arguments. And at that point the case

will be turned over to the Jury to deliberate. http://rangefire.us/wp-content/uploa...-1-300x275.jpg

.For John Lamb & Brand Thornton’s Perspective, join them on FacebookLIve.

https://www.facebook.com/john.lamb.1...PAGES_TIMELINE

For contrasting perspectives and reporting, you can also follow Maxine Bernstein for OregonLive, and Conrad Wilson for Oregon Public Broadcasting (OPB), Bundy Court Sketches on Facebook, John Lamb on Facebook, Gary Hunt at Outpost for Freedom and Redoubt News.

At RANGEFIRE! we believe in the need for alternative voices to mainstream media commentary and coverage of these issues.

RANGE / RANGEFIRE! — Addressing Issues Facing the West / Spreading America’s Cowboy Spirit Beyond the Outback