Defense Attorneys Argue Some Malheur Charges Unconstitutional

[struggle4progress]

1. Conspiracy charge can 'chill' political dissent, defense lawyer says

By Maxine Bernstein | The Oregonian/OregonLive
on May 23, 2016 at 12:56 PM, updated May 23, 2016 at 1:37 PM

... U.S. District Judge Anna J. Brown, who has set a Sept. 7 trial date in the refuge occupation case, countered that the statute "does not criminalize mere criticism'' or "mere protest.''

"It criminalizes force, intimidation or threats against public employees preventing them from doing their jobs,'' the judge said. Brown added that it's OK criticize U.S. Bureau of Land Management employees, but preventing those BLM officers from doing their work on their property isn't permitted under law.

What if a federal court employee on the fourth floor of the courthouse was intimidated by a protest outside the courthouse by NRA supporters all carrying firearms? Baggio asked. Would that make the protest a criminal act because it "intimidated'' a federal employee?

"It's not protected conduct to use force to prevent federal officers from their duties,'' the judge told Baggio. "Of course a person has First Amendment rights but there are limits. ... It's also not lawful to intimidate someone with a firearm or threaten someone with a firearm'' ...

http://www.oregonlive.com/portland/index.ssf/2016/05/federal_conspiracy_charge_agai.html