Bundy trial: Oregon sheriff says he was threatened with ultimatum by militia

[Eugene]

Source: The Guardian

Bundy trial: Oregon sheriff says he was threatened with ultimatum by militia

Sam Levin in Portland, Oregon
Wednesday 14 September 2016 19.48 BST

Oregon sheriff David Ward said Ammon Bundy and his armed supporters repeatedly threatened “to overthrow” him and tore apart his small rural community, in the first testimony in the high-profile militia standoff case.

Ward’s town is still recovering from the impact of the Malheur national wildlife refuge occupation, the sheriff told a packed federal courtroom in Portland on the second day of the trial.

“We’re still dealing with a lot of the fallout,” he said.

Ward, the local sheriff in rural Harney County, was thrust into the national spotlight at the start of the armed occupation, which began on 2 January when brothers Ammon and Ryan Bundy led a takeover of the Malheur national wildlife refuge to protest against the federal government.

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Read more: https://www.theguardian.com/us-news/2016/sep/14/oregon-militia-standoff-bundy-trial-oregon-sheriff-david-ward

[madokie]

1. Something tells me

the bundy's boys are going to have a rough future. They'll wish they had done the things that is going to cause this differently

[gratuitous]

2. The media are painting this case as one of intent

That is, if the Bundy Gang didn't "intend" to commit the crimes they're being tried for, then no harm, no foul, you're all free to go and live on an island somewhere. I'm not sure I quite subscribe to that theory of the case, but if it's true, then the defendants might have to testify. The federal prosecutors are probably filling up binders with all the questions they want to ask on cross.

[Sherman A1]

4. I believe that

there occupation of the Wildlife Center pretty much shows intent. I am hoping they spend a very long time as guests of the Federal Government and that a hefty fine is included in their final sentencing.

[Proud Liberal Dem]

6. Huh?

I'm confused? They could possibly get off of some of the charges if it can't be proved that they INTENTIONALLY did stuff? Their occupation of that Wildlife Refuge Center seemed pretty intentional and everything else flowed from that.

[Sherman A1]

10. That is what I said

[Coyotl]

5. Link? n/t

[gratuitous]

7. Here

http://www.opb.org/news/series/burns-oregon-standoff-bundy-militia-news-updates/malheur-refuge-trial-opening-arguments-day-1/

With an excerpt from defense counsel's opening:

Mumford was basically saying that the actions of his client, specifically, were protected under the Constitution. As federal prosecutors tried to humanize the refuge employees, Mumford tried to humanize Bundy, describing him as a 40-year-old small-business owner.

“He was taught the love of God and country,” Mumford said.

The court also heard about adverse possession — essentially taking over land and acting like it’s your own so it legally becomes yours. Mumford presented this legal doctrine as the main defense of Bundy’s actions, saying Bundy thought he was employing that method on the refuge.

U.S. District Court Judge Anna Brown carefully pointed out that adverse possession isn’t a defense against the conspiracy charge, but she has allowed the defendants to raise it as an opportunity to explain their line of thinking.

I read this as defendants trying to claim that they're not guilty, because it wasn't their "intent" to commit a crime. I think Judge Brown is allowing this theory of adverse possession to be put forward, but when it becomes apparent that there's no evidence to back it up, she'll instruct the jury to disregard the defense as baseless.

[Xolodno]

9. Wow!

Adverse Possession?! That's a desperation ploy. If I own a mountain cabin and noticed the neighbors only use their cabin a week out of the year and the occasional long weekend....I could claim "adverse possession" while "breaking and entering" and declare it mine. Only...it won't hold up for jack shit in court (or when the police show up to "evict" you from the premises).

Adverse possession laws in many states require you to inhabit the premises for a number of years...and in some cases, make improvements. And the owner has to NEVER show up during that time or ask that you be removed.

This is just a ploy to reduce the size of the sentence (sorry, I misunderstood the laws), not to get the defendant off.

[safeinOhio]

12. Did they ever

offer to back back taxes?

[Coyotl]

11. So the media is reporting the trail, not trying to paint after all.

It is the defendants who are trying to paint themselves as innocent using the only defense they can find for their obvious criminal conspiracy.

[gratuitous]

13. The reports I've seen have been mainly uncritical of the defense strategy

I guess they're hoping their audience or readership knows the law well enough to see through this bogus defense. The presumed legal sophistication of the general public isn't justified in my experience.

[jmowreader]

14. Intent will be VERY easy to prove

The one whose house is closest to Malheur is Ammon, who lives in Emmett, Idaho. It is about 200 miles from Emmett to Malheur, and it's not a straight shot. It is going to be exceptionally difficult, I believe, to convince a jury that a nice young Mormon man from Idaho loaded up his truck with guns, ammunition, all his clothes, copies of Bouvier's Law Dictionary, bags of dicks, French Vanilla coffee creamer and all the other things he would need to lay siege to a bird sanctuary then drive (oh sorry, "lawfully travel as is guaranteed by the Constitution of 1789) four hours to get to it...if he didn't intend to lay siege to it.

[Rocknrule]

3. Is it true that they claimed that their 2nd Amendment rights were violated

because they weren't allowed to have guns in prison?!

These people really do think the 2nd Amendment makes them above the law

[jmowreader]

15. Yes, they did

They claim they didn't consent to surrendering their Second Amendment rights when they were "kidnapped" by "policy enforcers" and therefore preventing them from having guns is unconstitutional.

[Wounded Bear]

8. I'm glad this came up...

I remember some reporting on the occupiers threatening the locals. It's good that it gets put into the record IMHO.