A federal prosecutor has filed a formal criminal information charging Marcus Mumford, who U.S. marshals tackled and stunned with a Taser in federal court on the day his client Ammon Bundy was acquitted, with three misdemeanor charges.
The second wave of defendants set for trial next month in the armed seizure of the Malheur National Wildlife Refuge want occupation leaders Ammon Bundy and Ryan Payne to testify in their defense.
Bundy and Payne are both in custody in Nevada, scheduled to face trial themselves this spring in another federal case.
The seven defendants in the second Oregon standoff trial have proposed that Bundy and Payne be transferred to Oregon to testify sometime in March and then return to Nevada by April for their trial in the 2014 standoff with federal land management agents near Bunkerville, Nevada.
They anticipate Bundy, who testified over three days last fall and was acquitted of all charges in the refuge takeover case, would take the stand on two trial days.
PASADENA, California – Oregonians have had more than a year to follow the story of Ammon Bundy, leader of the 41-day armed takeover of the Malheur National Wildlife Refuge in early 2016. Bundy, his brother Ryan Bundy, and a group of followers seized control of the refuge, located 30 miles south of Burns, as a protest against what they considered unjust federal land policies.
The conflict, and the larger story of the Bundys and their cause, have been extensively covered by The Oregonian/Oregonlive. The case will get more national exposure with “American Patriot,” a documentary coming to PBS’ “Frontline,” on April 4.
WASHINGTON— Emboldened by the change of administration, GOP lawmakers are quietly making moves that would permit a potentially vast transfer of federal land to states and other entities.
On a party line vote last week, the House of Representatives approved rule changes that would expedite such transfers, alarming environmental and recreation groups that have long called for “public lands to stay in public hands.”
President-elect Donald Trump and his pick for interior secretary, Rep. Ryan Zinke, a Montana Republican, have both said they oppose turning federal lands over to states or localities. Even so, Zinke joined his party in approving the Jan. 3 rules package, raising questions about how Trump might act if lands transfer legislation were to reach his desk.
The Environmental Protection Agency announced Friday it will not repay claims totaling more than $1.2 billion for economic damages from amine waste spill the agency accidentally triggered in Colorado, saying the law prohibits it.
The EPA said the claims could be refiled in federal court, or Congress could authorize payments.
But attorneys for the EPA and the Justice Department concluded the EPA is barred from paying the claims because of sovereign immunity, which prohibits most lawsuits against the government.
Nevada’s two remaining Republican representatives in Washington have joined forces to introduce legislation that would prevent future presidents from usurping Nevada land without first consulting Nevadans.
This past week Sen. Dean Heller and Rep. Mark Amodei, who represents Northern Nevada, introduced the Nevada Land Sovereignty Act of 2017 (H.R. 243, S. 22). If passed, it would block executive fiats designating or expanding national monuments without congressional approval or local support, they say.
I have written a number of articles, under the heading of “Burns Chronicles” the have exposed informants that participate with the FBI in obtaining information about the goings on, both inside and outside, during the occupation of the Malheur National Wildlife Refuge, near Burns, Oregon.
The government has, with a revised “Protective Order”, made it near criminal to read or share some of those articles, as the may contain what the Court has deemed “illegal materials”.
Warning: downloading these files may subject you to “Contempt of Court” or “other legal proceedings. Download at your own risk and peril.
Informant articles as of January 5, 2017 (pdf format)
Informant articles as of January 5, 2017 (Kindle format)
I got a call from FBI Special Agent Matthew Catalano, earlier today, January 11, 2017. He told me that he had an Order to serve. We made the same arrangements to meet at the restaurant in Los Molinos. The restaurant only serves breakfast and lunch, so it was closed, but I figured that this wouldn’t take very long.
I arrived at about 4:15 pm, and he said that he had to serve me. He handed me the Order, I looked at it and said, “I refuse this service, it is for the District of Oregon, and I am not within that jurisdiction.” I held the paperwork out toward him, but he did not take it, so, I said, “I will keep this, but I want you to tell Judge Anna Brown that I refuse service, as I am not subject to the Oregon District’s jurisdiction.” He agreed to convey the message, and then he proceeded to read certain portions of the Order to me. When he was finished, I reminded him that I wanted Brown to receive my message, and he assured me that he would pass it on. I feel certain that he will. After all, that is his job. We shook hands, and we departed.
Marcus Mumford’s attorney wants to review the personnel files of each deputy U.S. marshal who tackled his client and then stunned him with a Taser in the courtroom after the acquittal of refuge occupation leader Ammon Bundy.
The attorney also wants all emails between the marshals that mention Mumford during last fall’s trial.
The requests are part of a wide-ranging motion by attorney Michael Levine for evidence as Mumford prepares to challenge charges that he didn’t follow the lawful direction of a federal police officer and disrupted official government duties, both misdemeanors.
U.S. District Judge Anna J. Brown, in a written order issued Wednesday, gave Gary Hunt 24 hours to remove all posts he shared online that contained information from sensitive FBI reports on informants used during the occupation of the Malheur National Wildlife Refuge.
The judge also ordered Hunt, a California man with ties to a network of militia groups who has posted articles about the informants and quoted excerpts of the FBI records on his Outpost of Freedom website, to stop doing so immediately.
If Hunt fails to comply with the judge’s order once he is personally served with it by the FBI, prosecutors may pursue a contempt of court or other enforcement proceeding in the appropriate court jurisdiction, Brown wrote.
Freedom of the Press #3 – “Contemptuous Postings” January 11, 2017, 1:42 pm Freedom of the Press #3“Contemptuous Postings”Gary HuntOutpost of FreedomJanuary 11, 2017.Well, even though there were many interruptions, I was working on a response to SA Ronnie Walker’s first Affidavit. Then, on January 9, 2017, Judge Brown, in a Minute Order (See “Freedom of the Press Update – A Grateful Thank You“), told the US Attorney that what they had filed with the Court was insufficient, and they had to go back and “do over”, to justify what they were asking the Court to do.I will assume that they were […]
Federal prosecutors on Tuesday suggested a judge expand a protective order that now prohibits people charged in the occupation of the Malheur National Wildlife Refuge or anyone on their defense teams from sharing the FBI’s reports on its informants.
Calling it an “extraordinary case,” the prosecutors asked U.S. District Judge Anna J. Brown to add language to her order that forbids both “direct and indirect violations – wherever they may occur.”
US Magistrate George Foley, Jr. has Ordered that a Detention Hearing be reopened on January 24, 2017 at 1:30 p.m. Courtroom 3A. We are asking your support by joining us for a Rally in front of the Las Vegas Federal District Court House on the same day between 11:00am to 5:00pm.
Judge Anna Brown, in Portland, Oregon, has made a decision regarding the Justice Department’s efforts to shut down my writings. Before I give you what she has said, I want to thank you all for the incredible outpouring of support for what I have been doing. I have no doubt that Judge Brown has issued the following order realizing that the government, in Ammon Bundy, et al., has overstepped their bounds and has to, now, eat a little of that pie called humble.
The Minute Order filed, today, January 9, 2017, reads as follows:
“Order by Judge Anna J. Brown. The Court has reviewed the governments Motion to Enforce Protective Order and directs the government to file no later than Noon on Tuesday, 1/10/17 a supplemental memorandum that addresses the following issues: (1) The Courts authority to enjoin the actions of a third party under the existing terms of the Protective Order and without advance notice to the third party and an opportunity for that third party to be heard; (2) the Courts jurisdiction to compel an individual who is not present within the District of Oregon to respond to the government’s arguments raised in this Motion via an order to show cause or other form of order; and (3) whether the Court should amend the existing Protective Order in any respect to address the issues raised in the government’s Motion.”
This was a banner week for our housing project here in Henderson Nevada!! We call the project “My Sister ❤️ My Heart”. We plan to provide housing for Patriot wives and girlfriends traveling to Nevada for the trials, and things couldn’t be progressing any better.
THE PREAMBLE TO THE BILL OF RIGHTS
Congress of the United States
begun and held at the City of New-York, on
Wednesday the fourth of March, one thousand seven hundred and eighty nine.
The Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.
THE FIRST AMENDMENT
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Freedom of the Press #1 – Meeting with the FBIJanuary 7, 2017, 8:20 pm Freedom of the Press #1Meeting with the FBIGary HuntOutpost of FreedomJanuary 7, 2017On the morning of January 5, 2017, I received a phone call from Special Agent Matthew Catalano, out of the Chico, California, FBI Office. I recognized the name from my research. It appears that he has been assigned to do Internet investigations on Gary Hunt. His research included articles in Mainstream Media that mentioned my name, and my own articles. However, I do know that he has been reading the “Burns Chronicles” series, as most […]
As a second trial looms in the takeover of the Malheur National Wildlife Refuge, federal prosecutors are perturbed that a California man associated with a network of militia groups obtained FBI reports on its confidential sources and has written about them in an online blog.
Prosecutors on Friday asked a judge to order Gary Hunt to immediately remove all material about the confidential sources from his website and prevent him from continuing to share the sensitive information.
The presence of nine informants on the eastern Oregon refuge during the 41-day occupation last winter as well as six other informants who worked on the case for the FBI was revealed during testimony during the first trial of occupation leaders.
Hunt, according to prosecutors, apparently got hold of the FBI reports on the informants that prosecutors gave to defense attorneys as part of their sharing of discovery evidence before trial. The court ordered the reports not be shared with others. Occupation leader Ammon Bundy and six others were acquitted of conspiracy and other charges after a five-week trial that ended Oct. 27.
Rumor has it that I was visited by the FBI, yesterday, January 5, 2016. That rumor is true It was not and investigation or an interview. Instead, it was to hand me a letter from the Portland, Oregon, United States Attorney’s Office, sign by Pamela R. Holsinger, Chief, Criminal Division, on behalf of Billy J. Williams. That letter was a Cease and Desist letter.
Today, I told the FBI messenger that I had no intention of complying; that I wanted to look into my legal rights. A few hours later, I was informed by two sources that the government has filed An affidavit, and request for a court order, and a proposed order wherein they order me to remove my articles with discovery information in them, and refrain from publishing any more discovery information.
This is fast becoming a matter of the First Amendment right of the people to know what their government is doing. This same subject went before the United States Supreme Court, in 1971. That case was “New York Times Co. V. United States 403 U.S. 713”, wherein the Court, in defending the public right to know, stated:
“Our Government was launched in 1789 with the adoption of the Constitution. The Bill of Rights, including the First Amendment, followed in 1791. Now, for the first time in the 182 years since the founding of the Republic, the federal courts are asked to hold that the First Amendment does not mean what it says, but rather means that the Government can halt the publication of current news of vital importance to the people of this country.”
The New York Times prevailed and the government could not restrain the Times from publishing the Pentagon Papers. The matter before us, now, is equally, or more important in that the right of the people to know how their operates in their private lives, with “spies” reporting everything that they can about what you do, with no criminal intent, to the government.
This is what the KGB did in the Soviet Union. It is what the Stasi did in East Germany. Neither country exists, now, as the police state was not compatible with people used to kings and emperors. It is absolutely unacceptable in a country of free and liberty loving people.
If exposing government spies that spy on the people is criminal, then I confess to that crime. If, however, We, the People, have a right to know what our government is doing, then the Court on Oregon is criminal.
On Tuesday, the new Republican-controlled Congress passed a new House rules package, which, among others things, made it easier for federal lands to be transferred to states. What this means is that states that need to raise extra money could, and likely will, lease or sell lands to oil companies, loggers or ranchers instead of maintaining them for public use.
This is a substantial change. Previously, the federal government had to offset any income it lost through land transfers by cutting budgets or raising revenues elsewhere. But the new rule removes that obstacle, which means the federal government will likely be a lot more willing to hand land over to states.
What resulted was an unbelievable show of force, including over 200 agents, among whom were snipers whose weapons were trained on the protesters. Cliven Bundy’s civil disagreement with the BLM erupted into a government assault which violated the property and personal rights of numerous individuals. Citizens were confronted by BLM agents, tazed, brutalized, arrested and threatened with deadly weapons.
Commentary by Free Range Report
Daniel P. Love is hated in the West, and for good reason. Not only is his record of reprehensible behavior towards law-abiding Americans shocking to the conscience, but he embodies everything that is wrong with the Bureau of Land Management; arrogance, hostility, and contempt for property and human rights. His name is connected to several federal operations in which the lives of innocent citizens were lost or changed forever, and not only has he escaped the consequences of his thuggish, militaristic tactics, Daniel P. Love was promoted to become director of the BLM’s most militarized division, the Division of Security, Protection and Intelligence.
The federal court will soon summon 1,000 prospective jurors for the second conspiracy trial stemming from the takeover of the Malheur National Wildlife Refuge. They’ll be asked to complete written jury questionnaires that are due back to the court by Jan. 25.
The trial for seven remaining defendants is set for Feb. 14.
The court must decide whether new misdemeanor charges filed against the defendants will be heard by a jury or the judge.
Assistant U.S. Attorney Ethan Knight said legally, the defendants facing Class B misdemeanors – including trespass, destruction or removal of government property and tampering with vehicles and equipment – don’t have a right to a trial by jury. Those charges typically go before the court.
Defense lawyers for the seven defendants set for trial next month expect to argue that a jury consider all the charges – the misdemeanor charges as well as the felony charges of conspiring to prevent employees from the U.S. Fish and Wildlife Service or U.S. Bureau of Land Management from carrying out their work at the refuge and possession of a firearm in a federal facility.
The court could, however, have a jury deliberate on the federal charges, and the judge could hear testimony on the misdemeanor charges during the jury’s deliberations.
Marcus Mumford, Ammon Bundy’s lawyer who U.S. marshals tackled and stunned with a Taser gun in federal court on the day his client was acquitted, returned to the same courtroom Friday to appear in his own criminal case.
His attorney, Michael Levine, entered a not guilty plea on Mumford’s behalf to charges of failing to comply with the lawful direction of a federal police officer and impeding or disrupting official government duties, both misdemeanors. The maximum penalty for each offense is 30 days in custody and a $5,000 fine.
Mumford was arrested Oct. 27 shortly after the judge announced the jury’s verdict acquitting Bundy and six co-defendants of conspiring to stop federal employees from doing their work at the Malheur National Wildlife Refuge. Bundy and armed followers took over the refuge Jan. 2, 2016.
Deputy marshals tackled Mumford as he questioned the government’s authority to continue to hold Bundy on federal charges pending in Nevada and demanded to see paperwork to back it up.
“What happened here is an unprecedented attack on the defense bar,” Levine said after the brief hearing Friday.
He called the use of a stun gun and Mumford’s arrest “outrageous,” saying Mumford was doing nothing more than engaging in zealous advocacy for his client.
There is a word for what President Obama did this past week in declaring Gold Butte a national monument: dictatorial.
In just more than a year Obama has unilaterally declared off-limits to productive economic uses 1 million acres of Nevada land — first the 700,000-acre Basin and Range National Monument straddling the border between Lincoln and Nye counties and now the 300,000-acre Gold Butte National Monument in rural northeast Clark County.
This brings Obama’s total protected acreage to 550 million — more than any predecessor and twice that set aside by Teddy Roosevelt under the Antiquities Act of 1906 — though much of Obama’s designations are underwater.
