Tuesday, July 19, 2016

Judge Jones: Ammon & Ryan Bundy to Stay in Jail Pending Trial (complete order)


Case 3:16-cr-00051-BR Document 903 Filed 07/19/16 Page 1of 3

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION

UNITED STATES OF AMERICA,
Plaintiff,
v.
AMMON BUNDY, RYAN BUNDY

Defendants.



Case. No. 3:16-00051-BR
ORDER ON MOTION FOR
RELEASE FROM PRETRIAL
DETENTION

Jones, J.
Defendants Ammon and Ryan Bundy appeared before this court on their Joint Motion to Revoke Detention Orders and Motion for Pretrial Release (#892). After hearing argument from the parties, I make the following findings.
Ammon Bundy and Ryan Bundy each has a wife and children, a home and a business to attend. Neither man possesses a passport. Defendants have strong ties to family and their father, who led an armed standoff in Bunkerville, Nevada in 2014. Defendants participated in that purportedly illegal activity and are now on court detainer from the Nevada federal court.
Two years after the activities in Nevada, Ammon and Ryan Bundy concede that they were the instigators and leaders of the group that occupied the Malheur Wildlife Refuge, which they named the "Citizens for Constitutional Freedom." The group was aimed with weaponry with which to resist intervention by federal authorities. Authorities seized over 50 firearms,

Case 3:16-cr-00051-BR Document 903 Filed 07/19/16 Page 2 of 3

6000 rounds of live ammunition and 1000 rounds of spent shell casings from the Malheur site following the occupation. Defendants directed the group to set up a perimeter to control ingress and egress. They posted military-style armed personnel to create and patrol a perimeter of the site and to man an overlook tower. Ammon Bundy cut down a government fence at the refuge. Defendants ignored requests to disperse. They based their actions on their misinterpretation of adverse possession law and their misguided interpretation of criminal and constitutional law.
As to Ryan Bundy, he does indeed present some risk of flight as demonstrated by his aborted attempt to escape custody. In Ryan Bundy's cell, jail personnel found a rope made with multiple sheets tied together, additional strips of torn sheets, extra pillow cases, towels, clothing and food. I reject his excuse that he was practicing braiding.
While I find they do not pose a risk of fleeing the country, I find their participation in the armed standoff in Nevada and the fact that they condoned the use of an arsenal of weapons at the Malheur Wildlife Refuge demonstrate they believe they are justified in refusing lawful federal orders. Furthermore, they believe that placing an armed force between officials seeking to enforce lawful orders and themselves justified by their interpretation of the Constitution.
Thus, I find it likely that if released, they may well ignore the conditions of release imposed by this court and enforced by a federal pretrial services officer. They may fail to appear for court hearings and trial. More dangerously, they may attempt to recruit another standoff or occupation just as in the Nevada episode in 2014 and at the Malheur Wildlife Refuge earlier this year and to resist with armed forces federal authorities enforcing lawful federal orders. These factors are sufficient to satisfy me with clear and convincing evidence that no combination of conditions I can impose would reasonably assure their appearance in court or the safety of the community.

Case 3:16-cr-00051-BR Document 903 Filed 07/19/16 Page 3 of 3

Defendants' Joint Motion to Revoke Detention Orders and Motion for Pretrial Release is DENIED (#892). Ammon Bundy's Motion to Consolidate Pretrial Detention Hearings with the Nevada court (#881) is DENIED and Ryan Bundy's Motion for Joinder to that motion (#893) is MOOT. What the Nevada court does as to its detention order is up to that court without intervention or consolidation with this court. It is so ordered.
\
Dated this _d day of July, 2016.


 Robert T. Jones, Senior Judge

United States District Court

14 comments:

  1. Prosecutorial fabrication of facts. The Pacific Patriot Network, comprised of various militias were the so=called perimeter 'defense forces' who were there as observers and peacekeepers, to prevent an armed conflict.

    Again, the Bundy brothers were merely defending themselves in Bunkerville from armed BLM/USFS and hired thugs, some of whom had lasers targeting the Bundy family.

    The only use of armed force was that of various levels of government and other contractors hired by them. The protesters never prevented anyone from ingress nor egress to the Malheur Wildlife Refuge, and there is plenty of video evidence to corroborate that fact.

    What the judge fails to consider at all, is neither Ammon nor Ryan have had prior charges brought against them for using arms and force. Neither have the exhibited risk of flight to avoid prosecution.

    Now my opinion is that some part of the Patriot Act is being used to hold them as terrorists because like most of us here in the West, we carry firearms.

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  2. Ya but "Lawful Federal orders" is what I would debate. Where is the law that turns the BLM into a military hit squad? They trapped and murdered Lavoy like he was Bonny and Clyde.

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  3. There is no way to minimize what the judge has done here. The level of injustice based on outright lies, is breathtaking, we need to start stripping away the decorum of respectability of the black robed court and exposing them for the wretches that they are.

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  4. "Lawful" is the enabling acts throughout the western states, and nothing but authority to "dispose" federal lands to the states clearly decided through legislation and law through article 4 of the U.S. Constitution. Further only the federal government has murder on their hands and further still when was the last time this dysfunctional judge read the 2nd amendment? Further still hearsay and opinions on the part of the Fed's don't substantiate them for pulling laws out of thin air, and failing to provide the most very basic requirements of due process among others.

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  5. What in the world has happened to our country here when even the most very basic "innocent" until proven guilty are experiencing utter contempt by such absolutely bass ackwards interpretations or inventions of legal authority?

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  6. What in the world has happened to our country here when even the most very basic "innocent" until proven guilty are experiencing utter contempt by such absolutely bass ackwards interpretations or inventions of legal authority?

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  7. "Lawful" is the enabling acts throughout the western states, and nothing but authority to "dispose" federal lands to the states clearly decided through legislation and law through article 4 of the U.S. Constitution. Further only the federal government has murder on their hands and further still when was the last time this dysfunctional judge read the 2nd amendment? Further still hearsay and opinions on the part of the Fed's don't substantiate them for pulling laws out of thin air, and failing to provide the most very basic requirements of due process among others.

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  8. Everyone knows the is a total BS charge. Until the people wake up to the fact that the federal government is trying to take over their lives and there lands. The Bundy's were demonstrating this which they have. When Trump gets into office many of these three letter government agencies will go by the wayside. I wrote the Don about the Bundy's plight so, he is aware of the situation. Just hang on for a few more months until we can get this unlawful government out of our lives. A question I do have to ask though. Have the wives sued the government yet?

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  9. hope there is an appeal in process...if we can hold out till trump is elected all charges may be in fact dropped by presidential pardon...because you know removing liberal judges will be the first order of business.

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  10. The judges statements were a conviction based on unproven factors prior to any trial. Where is the innocent until proven guilty?

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  11. This judge will be disbarred and arrested soon

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