150 Militia Take Over Makhuer National Wildlife Preserve Headquarters

[monty]

Ryan Bundy dismissed his court appointed attorney, files a motion for more time to prepare for trial.

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News | Local | Nation | An Occupation In Eastern Oregon

Ryan Bundy Asks To Remove Standby Counsel, Dismiss Charges

by Kimberley Freda OPB | Sept. 3, 2016 12:25 p.m. | Updated: Sept. 3, 2016 1:37 p.m. | Portland

---

Ryan BundyHometown: Cedar City, Utah

http://www.opb.org/images/upload/c_f...ide_hnyxy8.jpg

AWAITING TRIAL

TRIAL DATE: SEPT. 7, 2016

Eldest of Nevada rancher Cliven Bundy's 14 children. Worked alongside his brother, Ammon Bundy, as a leader of the Malheur occupation.

---

Just days before his trial is scheduled to begin, Ryan Bundy has asked a judge to get rid of his standby counsel and dismiss the government’s case against him.

In the latest series of court filings from the Malheur National Wildlife Refuge occupier, Bundy writes that he remains committed to representing himself in court.

At the same time, he says he’s been unable to create a defense for himself because he lacks access to critical documents.

Bundy writes that standby counsel Lisa Ludwig was “thrust upon Defendant by the government, without the right of interview, contract, or competence test. Defendant was denied his right to represent himself through standby counsel and to file his own motions and his right to find his own assistance which is competent to help him prepare a defense.”

Bundy also asked U.S. District Court Judge Anna Brown for a 30-day extension to file pretrial motions because he hasn’t been able to view what he describes as the “United States Attorney’s file.”

Bundy and defendant Kenneth Medenbach nearly lost the ability to represent themselves in court after repeatedly violating court orders.

In court this week, Bundy reluctantly assured Brown.
“I will abide by the court’s rulings as long as the court rulings are in abidance of the law,” he said.

Ammon Bundy’s Attorney Challenges Court

Ammon BundyHometown: Emmett, Idaho

http://www.opb.org/images/upload/c_f...ide_g2fzlj.jpg

AWAITING TRIAL

TRIAL DATE: SEPT. 7, 2016

Leader of the Malheur refuge occupation. Before Oregon, Ammon Bundy was less prominent than his siblings in protesting the federal government.

---

In an unrelated filing late this week, the Utah-based attorneys for Ammon Bundy, Ryan’s brother, take issue with Assistant U.S. Attorney Ethan Knight’s assertion that the court has jurisdiction over the case because it involves federal charges.

Mumford compared Knight’s response to that of a “first-year law student” and recites what he calls a “memorable exchange” from “The Treasure of the Sierra Madre.”

That scene includes Humphrey Bogart’s character saying, “If you are the police, where are your badges?” Alfonso Bedoya responds, “Badges? We ain’t got no badges. We don’t need no badges. I don’t have to show you any stinking badges!”

“The government’s response says, essentially, we don’t need to prove no stinking subject matter jurisdiction,” Mumford writes.

Jury selection for the case of the Bundy brothers and six other occupiers is set to begin Wednesday.
© 2016, Oregon Public Broadcasting

http://www.opb.org/news/series/burns...andby-counsel/

[monty]

Shawna Cox has reported charges against Pete Santilli have been dropped. I don't know if this is just in Oregon, or also Nevada.

The charges in Oregon have been dropped.

[monty]

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

Feds dismiss federal conspiracy case against Oregon standoff defendant Pete Santilli on eve of trial

[COLOR=rgba(0, 0, 0, 0.65098)]http://image.oregonlive.com/home/oli...755f990186.jpg

On the eve of trial, federal prosecutors in Oregon have dropped the federal conspiracy indictment against Peter Santilli, a self-described independent broadcaster who was present in Harney County during the 41-day occupation of the Malheur National Wildlife Refuge.


Santilli, 51, was the lone person of eight defendants set for trial this month who never stayed overnight at the federal wildlife refuge, and his attorney argued that much of the material he broadcast on his Youtube channel was protected speech under the First Amendment.


In a motion filed late Tuesday afternoon, federal prosecutors urged the court to dismiss the indictment against Santilli.


They cited U.S. District Judge Anna J. Brown's ruling last week that limited the evidence that the government could be present against Santilli.


For example, the judge ruled prosecutors could not present evidence of Santilli haranguing counter-protesters at the refuge or badgering traditional media in an attempt to counter Santilli's defense that he was simply acting as a member of the press documenting the refuge takeover.


"Based upon this Court's pretrial evidentiary rulings excluding evidence against Santilli, the government has decided that the interests of justice do not support further pursuit of these charges against Santilli,'' according to a motion signed by Assistant U.S. Attorneys Ethan Knight, Craig Gabriel and Geoffrey Barrow.


Santilli, also facing indictment in Nevada stemming from the April 2014 armed standoff with federal officers near Bunkerville, Nevada, will remain in custody but be transferred to Nevada to face the charges in that case.
Santilli's court-appointed attorney Thomas Coan, said he got word late Tuesday afternoon that the U.S. Department of Justice had approved prosecutors' request to dismiss the federal indictment against his client. Coan, who was told the dismissal of the case was a possibility on Friday, shared the news with Santilli about 4 p.m., at the end of Tuesday's pretrial conference hearing.


"He was tearfully happy,'' Coan said. "He started crying. He feels vindicated. He's very, very happy and relieved.''


Coan hugged Santilli's girlfriend, Deb Jordan, as both emerged from the pretrial conference Tuesday afternoon.


Co-defendants only learned through the electronic filing of the government's motion after Tuesday's pretrial hearing that Santilli would not be joining them for jury selection Wednesday.


Prosecutors had argued up until Tuesday that Santilli had used his online show to issue a "call to action,'' to encourage more people to participate in the refuge takeover and to bring their firearms.


Coan had depicted Santilli, of Cincinatti, Ohio, as a "shock-jock'' journalist whose words were taken out of context by the government and did not intend to take over the refuge because he spent his nights at the Silver Spur Motel in Burns. He had argued that Santilli isn't violent and that he was being punished for his First Amendment right to free speech and his bravado.


Coan said he had been pushing for a dismissal of the case against his client for weeks.


"Pete had an innocent, lawful intent when he was out there,'' Coan said. "I was able to persuade prosecutors of that by last week.''


Coan said he had evidence that Santilli was surprised by the move to take over the refuge on Jan. 2 following the protest against the return to federal prison of Harney County ranchers Dwight Hammond Jr. and Steve Hammond. Coan also said he had evidence that Santilli didn't agree with the refuge takeover, and attempted an "intervention'' at the Burns fairgrounds to persuade others not to participate.


At one point, Santilli noticed the security detail assigned to him for the Hammonds' protest on Jan. 2 suddenly left him, according to Coan. When Santilli inquired why, he learned from Idaho "3 Percenter'' Brandon Curtis of the refuge takeover plan. Curtis further advised Santilli not to go along with it, Coan said.


"He was mad about what happened. He felt like he was taken advantage of. He also didn't want to abandon these guys. He didn't want to leave the unfolding story either,'' Coan said, of his client.


Santilli faces more serious charges in Nevada, where he faces a 16-count indictment, accused of conspiring to assault federal officers, threaten officers, obstruct justice, extort officers, and use and brandish a firearm in relation to a crime of violence stemming from the armed standoff outside the Bundy ranch near Bunkerville, Nevada.


The government alleges Santilli recruited gunmen to the ranch, helped lead an assault on U.S. Bureau of Land Management officers trying to roundup cattle on federal land, conducted reconnaissance of hotels where federal officers were staying and delivered an ultimatum to the land bureau's agent in charge to leave the impound site.


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

[/COLOR]

[monty]

Remember the lady in the Verizon Store in Burns when the FBI agent called bullying the Verizon personelltrying to get Santilli's cellular phone number? She has posted a copy of her letter to Santilli's attorney,

https://www.facebook.com/groups/1717765141769695/

Kati Batie49 mins

ALL CHARGES IN OREGON HAVE BEEN DISMISSED AGAINST PETE SANTILLI!

There is no way to express the joy I feel right now. Mr. Santilli stood solid on his stand for innocence. His conviction would have been a firm hand of censorship on media implemented by the government. You don't have to agree with the way Mr. Santilli conducted himself or the political message he supported through his broadcasting, but our first amendment right to free speech and freedom of the press is a principal our country was founded on. Mr. Santilli provided a much needed service to OUR HARNEY COUNTY COMMUNITY during a time of great distress for all those residing here. News coverage is an essential part of our lives, without it we would be lost.

Thank you Pete Santilli and crew for providing an invaluable documentation of history for a tiny community in the middle of nowhere.

#petesantillinotguilty #freepetesantilli #mnwr #freedomofthepress
Below is the letter I sent to Pete's Attorney in regards to my interaction with him during the occupation.

Pete Santilli: A Loud Mouthed Nut-Job

The first time I ever heard of Mr. Santilli was a few weeks before the peaceful march in support of the Hammonds on January 2, 2016. He was/is an avid supporter of bringing light to what in my opinion is injustice and a failure to the US legal system that has required two ranchers, Dwight and Steven Hammond, to return to prison for a second time. I'm sure you are well aware of the situation and circumstances that led to a second prison term for these men. I know these men personally, have known them for years and I am rather fond of their families.
On the day of the peaceful march I, like many other locals, sat vigil watching as this demonstration played out. I however had a unique view of the whole thing because I live 3 doors down from Susie and Dwight right on the path of the march. I was rather skeptical of the whole ordeal as I had never seen such a display of support from "outsiders" for anything in this community. I grew up in Burns and graduated high school in Crane. Growing up here, I have become very familiar with how things work. The little guy is always left to look out for himself. When you compare Harney County to the rest of our state or country, we are the little guy. Despite the adversity this area has faced with loss of industry time and time again the one thing that has remained constant is the desire to take care of our own.

I first met Pete on Jan. 4, 2016. He came into the office with a very friendly yet cautious approach. At this point the group of individuals at the refuge had already begun their demonstration and it was very apparent that tension with locals was on high alert. Our schools were closed and our tiny community had been over run by Patriots and reporters. I have never in my whole life seen so many people in Harney County at one time. Needless to say all of the attention our community was receiving was proving to be extremely overwhelming. Pete could see this and approached every interaction with our office in an appropriate manner.

Pete and crew were very respectful and gracious every time they came into the office. I never saw Pete with a gun or any weapon for that matter. I never felt threatened by him or the company he kept. They were alway polite and never pushy.

While Pete was in the office the first time, a phone call was made to one of our personal phones from a man who identified himself as an FBI agent. This man was sharp and attempted to bully information out of the woman he was speaking to. He was referred to the proper channels for seeking information from a law enforcement agency and reminded that his attempt to gather information in an abrupt an unethical manner just cemented the perception that the government operates within their own set of rules with no regard for the everyday American citizen. A prime example of the government over reach issue that is at the forefront today.

Pete was shocked by the phone call. He expressed feelings of having no privacy and even stated that the FBI must have him on their big screen radar. This interaction prompted Pete to post a video on his stream directed at the FBI letting them know he is fully transparent in his operations and even invited them to come speak with him personally. He shared his hotel location and room number. He also let the FBI know that it was in his opinion shameful of them to bully the business woman who was simply doing her job.

During the demonstration at the refuge Pete provided most of the media coverage. Mainstream media even used his coverage as reference to get their "breaking news." Despite their use of Pete's broadcasts, the mainstream media formulated their own narrative while Pete was dead set on broadcasting the unedited truth, live, all the time.

Due to Pete's dedication to live media coverage all the time he had a continual need for services in our office. I had to opportunity to build some rapport with him and get to know about his mission.

I am not one to mince words or sugar coat things. I am also not the warmest person when it comes to "outsiders" poking their nose around in my community. Pete knew this from the first time I met him and respected my choice to not shout my opinions all over the Internet. He did however take the time to listen to my perspective and I truly feel like he cared about what I had to say.

There were several times I expressed to him that I felt his broadcasts were a bit untactful but none the less those of an opinionated loud mouth nut job reporter. Despite his untactfulness Pete remained consistent with his shock jock personality, ruffling the feathers of many who disagreed with him.

A little known fact about the Harney County community is that currently we have no local radio station. In November 2015 the stations went dark for the first time in over 50 years. The man who was running the radio defaulted on his loan an absconded to Australia. The only consistent form of news we as a community have access to is the weekly newspaper. During the refuge demonstration, access to daily news was essential. The weekly newspaper did not cover the events at the refuge and only aided in leaving people in the dark.

Through his broadcasts, Pete provided a much needed service to our community. Most members of this community were glued to YouTube in an attempt to get the news we so desperately needed. In fact without Pete we may have never known the demonstration at the refuge had occurred.

Rural America is under represented in so many places, including the media. You never heard of our quiet little town on national news when floods and fire destroyed homes and crops. You also didn't hear about the overwhelming show of love and support that manifested in the form of dozens of semi trucks loaded full of donated hay to help supplement the livelihood of those effected by fire and flood. You probably also missed that through bake sales, car washes, can drives, and benefit dinners this community was able to raise enough money to save our theater from closing when the film industry made the switch from film to digital. Harney County hospitality is not just an occasional thing; it's the way of life here and there are 1000s of other communities all across the nation just like ours that go about their daily lives unnoticed by anyone "important." In fact on a few occasions, I noticed in Pete's stream that he and his crew were in need of some home grown love. My family took no shame in reaching out and offering a little sense of community to their visit.

Pete took the time to get to know many locals and made the effort to really understand the culture and way of life here. He recognized a need for media coverage and provided it. He covered everything. He wasn't focused on capturing every word dripping from the poisonous fangs of our elected and appointed officials. He wanted to let the world know that the Hammond's got a raw deal and that the demonstrators at the refuge were making a point to bring light to their injustice as well as the bigger issue of government over reach.

I in no way condone the actions of the people that decided the refuge would be a good place to make a statement but I do think they had some solid grievances. As far as I know many of these grievances have yet to be addressed. For instance, Dwight and Steven are still in prison with no hope in sight for them to come home.
Pete is a journalist. He used his resources as a vehicle to distribute information about current events relevant to his location. Pete shared the news with a HUGE audience. Pete also understands his first amendment right to freely express himself with the power of his voice.

I am not an expert on the constitution and I am not a lawyer but I do have a pretty good grasp on the English language and am confident in my ability to read and understand the English language. It is my understanding that the government is not allowed to make any laws or punish individuals that use their freedom of speech to report events that they consider news worthy.

In light of Pete's arrest I worry that a new standard is being set. The government is sending a message to reporters, journalists, and those aspiring to be such that if you disagree loud enough you will go to jail.
Life is not always sunshine and rainbows. Anyone who expects things to go their way all the time every time lack a much needed piece of common sense. In my opinion the government agencies that called for the arrest of Pete Santilli and the agents that acted on their behalf were intentionally stripping a man of his constitutional right to free speech. This is by any definition censorship.

If Pete is convicted of the crimes he is charged with I fear it will set a new standard for the way news is reported. Journalist beware: you may only report on news that is government approved. You are not allowed to have an opinion and you may not express your disgruntled feeling about a broken, ineffective system that continues to fail the people it's boasts to be working for.

I have the right to pick my source of news. I have the right to chose to listen to a different opinion that what big brother wants programmed into my head. I HAVE THE RIGHT TO CHOSE PETE SANTILLI.

[monty]

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https://pbs.twimg.com/media/CrtNjgJUIAAoiBd.jpg:large

[monty]

Jury selection for the Malheur protest trial began today. Jury selection is expected ro last through Friday.

Jury not yet seated for Malheur occupation case

Jury selection to continue through Friday

The Associated Press Published: September 7, 2016, 6:00 am Updated: September 7, 2016, 4:38 pm

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https://lintvkoin.files.wordpress.co...tch.jpg?w=1248Ryan Bundy and Shawna Cox in a courtroom sketch on the first day of jury selection in the Malheur Refuge occupation case, September 7, 2016 (Courtesy: Deborah Marble)

Related Coverage

• Recap and trial prep: The Malheur Refuge occupation
• Malheur Refuge HQ to stay closed for rest of year

PORTLAND, Ore. (AP) — The trial of Ammon Bundy and 6 others charged with conspiracy after they occupied a national wildlife refuge in Oregon began Wednesday with the opening day of jury selection.
Prosecutors and defense attorneys expect to spend 3 days choosing 12 jurors and eight alternates from a pool of more than 250 Oregonians.

https://lintvkoin.files.wordpress.co...pg?w=600&h=372
Ammon Bundy in a courtroom sketch on the first day of jury selection in the Malheur Refuge occupation case, September 7, 2016 (Courtesy: Deborah Marble)

The first 30 prospective jurors were interviewed Wednesday. The process will be repeated Thursday and Friday, with 60 people to be questioned each day.
U.S. District Judge Anna J. Brown has tentatively set opening statements for Tuesday. Closing arguments might not be made until November.
The armed takeover of the Malheur National Wildlife Refuge started Jan. 2 and lasted nearly six weeks. The occupiers protested federal control of Western lands and the imprisonment of two ranchers.

They are charged with conspiring to prevent federal employees from doing their jobs. Several others were indicted, and many have pleaded guilty.

In the court
Ammon Bundy was dressed in a light brown suit, while his brother Ryan was wearing a dark brown leather vest, white collared shirt and jeans. Defense lawyers argued they should be seen in their “rural attire,” but Judge Brown, clearly irritated, said, “We’re moving on.”

https://lintvkoin.files.wordpress.co...pg?w=600&h=374
Ryan Bundy in a courtroom sketch on the first day of jury selection in the Malheur Refuge occupation case, September 7, 2016 (Courtesy: Deborah Marble)

Ryan Bundy, Shawna Cox and Kenneth Medenbach had backup legal help by their side as they represent themselves.

Lawyers for the defendants said they were uneasy with marshals greeting the jurors out front and with the overall security. But Judge Brown said the marshals and security are necessary because “our lives have been threatened.”

Once the jurors and alternates are chosen, they will have a 4-day work week during the trial, with one day (usually Friday) off, along with national holidays.
Judge Brown said she hopes to have the trial finished by Thanksgiving.

On the first day of jury selection, a total of 11 potential jurors were dismissed. Jury selection continues Thursday beginning at 8:45 a.m.

Most key figures were arrested during a Jan. 26 traffic stop that ended with police fatally shooting Arizona rancher Robert “LaVoy” Finicum, a spokesman for the occupation. Others left after Finicum’s death, but four holdouts extended the standoff to 41 days.

Here’s a recap of the takeover and a look at what to expect at trial: http://koin.com/2016/09/07/what-to-k...-trial-begins/

[monty]

Ammon Bundy has filed a last minute motion for dismissal for impermissible delay (Sept. 6, 2016)

Case No. 3:16-cr-00051-BR
AMMON BUNDY’S MOTION TO DISMISS FOR IMPERMISSIBLE DELAY
**Evidentiary Hearing and Oral Argument Requested**
Last minute motion filed by Ammon Bundys attorney, to dismiss case, cites speedy trial and due process violations.

Thirteen pages, may be read here: https://www.facebook.com/WithChastit...type=3&theater

[monty]

Apparently defendant Kenneth Medenbach wore his "fully informed jury" shirt to court yesterday

https://s19.postimg.org/sc3a4s6oz/image.jpg





https://s19.postimg.org/jfsi0ug2r/image.jpg



https://s19.postimg.org/yr6wf72sj/image.jpg

[Glass]

what does the word "contrary" mean?
On what basis is it claimed to be contrary?

Does it mean, against the law? If so, which law?
Does it mean illegal?

Is US vs Dougherty a legitimate citation?

Is the wearer of the shirt a "party" or is the Judge being dishonest in his interpretation of the Court's Trial Conduct Order (#1113)

Does the Court's Trial Conduct Order (#1113) apply to all courts, some other particular court or this particular court?

Does Judge Brown preside over an article III court?

Has the Judge acted Ultra Vires by making these threats?

[monty]

http://openjurist.org/473/f2d/1113
US v. Dougherty appears to be an appeals court case, not a Supreme Court case:

https://en.m.wikipedia.org/wiki/Jury_nullification_in_the_United_States

In 1972, in United States v. Dougherty,^[28] the United States Court of Appeals for the District of Columbia Circuit issued a ruling similar to Moylan that affirmed the de facto power of a jury to nullify the law but upheld the denial of the defense's chance to instruct the jury about the power to nullify. However, in Dougherty the then-chief judge David L. Bazelon authored a dissenting in part opinion, arguing that the jury should be instructed about their power to render the verdict according to their conscience if the law was unjust. He wrote that refusal to allow the jury to be instructed constitutes a "deliberate lack of candor". It has been argued that the denial of jury nullification requests negates much of the point of self-representation.<sup>[29]


Kenneth Medenbach is a party to the action, one of the 7 defendants on trial.

I belive this order (#1113) only applies to this court.

Anna J. Brown is not an Article III judge. This court is not an Article III court, it is an Article IV administrative court.

I can only assume the word "contrary" in her letter means "contrary to her order to these defendants"

These answers are only my opinions. I am not educated in the law.</sup>