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Citizens for Constitutional Freedom (C4CF), later also known as People for Constitutional Freedom (P4CF), was the name taken on January 4, 2016, by an armed private U.S. militia that occupied the U.S. Fish and Wildlife Service's Malheur National Wildlife Refuge headquarters in the U.S. state of Oregon from January 2 to February 11, 2016. The leader of the organization was
Ammon Bundy Ammon Edward Bundy (born September 1, 1975) is an American anti-government militant and activist. A car fleet manager by profession, Bundy gained widespread attention by leading the 2016 occupation of the Malheur National Wildlife Refuge. He is t ...
, son of Cliven D. Bundy, who engaged in a standoff with the federal government over grazing rights on federal land. Eight of its members, including Ammon Bundy, were arrested on January 26, 2016 while a ninth member, Robert "LaVoy" Finicum, was shot and killed by law enforcement officers. This was followed by a number of other arrests that eventually culminated in the end of the occupation. A total of 27 people were charged under federal law with a variety of offenses, including a single count of felony conspiracy. Their trials were scheduled to start on September 7, 2016, and February 14, 2017. During the occupation, the militia group claimed that the
United States Constitution The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven ar ...
allows the federal government of the United States to own only a small amount of land, and that the government can acquire land in states only with the state's consent. "A version of this article appears in print on January 5, 2016, on page A12 of the New York edition with the headline: Occupying Federal Land, to Little Response." Such claims have been repeatedly rejected by federal courts, including the United States Supreme Court; the
property clause Article Four of the United States Constitution outlines the relationship between the various states, as well as the relationship between each state and the United States federal government. It also empowers Congress to admit new states and admi ...
of the United States Constitution grants plenary authority to Congress to manage federal property, including land.No, federal land transfers are not in the Constitution
Gray, Bryce. '' High Country News'', 4 February 2016. ''Although challenged periodically in court, federal application of the Property Clause has been consistently supported in a chain of legal precedent that extends back to 1840.''
Public Land Transfer Laws: Not Constitutional Then, Not Constitutional Now
. Graybill, Raph. American Constitution Society, 11 March 2015


Known members

A total of at least 34 people from 13 states are known to have served roles in the group during the occupation. Some have had a history of criminal activity and prior involvement in
right-wing Right-wing politics describes the range of political ideologies that view certain social orders and hierarchies as inevitable, natural, normal, or desirable, typically supporting this position on the basis of natural law, economics, authorit ...
activism. They are:


Indicted

* Dylan Wade Anderson, 34, of
Provo, Utah Provo ( ) is the fourth-largest city in Utah, United States. It is south of Salt Lake City along the Wasatch Front. Provo is the largest city and county seat of Utah County and is home to Brigham Young University (BYU). Provo lies between the ...
, identified himself as " Captain Moroni" in reference to a figure in the Book of Mormon who rescues his people by raising a flag called a "title of liberty" against an evil force. He was arrested by the
Federal Bureau of Investigation The Federal Bureau of Investigation (FBI) is the domestic intelligence and security service of the United States and its principal federal law enforcement agency. Operating under the jurisdiction of the United States Department of Justice, t ...
(FBI) on January 27 at a checkpoint outside the refuge. * Sandra Lynn Anderson, 48, of
Riggins, Idaho Riggins is a city in the western United States in Idaho County, Idaho. Nestled deep in a canyon at the confluence of the Salmon and Little Salmon rivers in west central Idaho, it is approximately north of Boise, and south-southeast of Lewisto ...
, surrendered to the FBI on February 11 and was arrested. She was a former barber and cosmetologist who recently moved from Wisconsin to Idaho. * Sean Larry Anderson, 47, of Riggins, Idaho (husband of Sandra Anderson), surrendered to the FBI on February 11 and was arrested. Prior to the occupation, he owned an outdoor supplies store in Riggins. Anderson had an outstanding bench warrant related to an August 2014 arrest and had been charged with resisting an officer, possession of THC, and drug paraphernalia, all misdemeanors. He was previously convicted of misdemeanor disorderly conduct in 1998, 2008, and 2009, and of criminal trespassing in 2002, all in Wisconsin. He was one of the last four remaining holdouts and unsuccessfully tried to bargain to get the warrant dropped prior to his arrest. He and Jake Ryan were responsible for digging a large trench on an archaeological site at the refuge, which was considered sacred to the
Burns Paiute Tribe The Burns Paiute Tribe of the Burns Paiute Indian Colony of Oregon is a federally recognized tribe of Northern Paiute Indians in Harney County, Oregon, United States. * Jeff Wayne Banta, 46, of Yerington, Nevada, surrendered to the FBI on February 11 and was arrested. He was a carpenter who reportedly went to the refuge to assist in the occupation after seeing an online video about the
Bureau of Land Management The Bureau of Land Management (BLM) is an agency within the United States Department of the Interior responsible for administering federal lands. Headquartered in Washington DC, and with oversight over , it governs one eighth of the country's la ...
(BLM). * Jason Charles Blomgren, also known as "Joker J," 41, of Murphy, North Carolina, was arrested on February 11 in Bunkerville, Nevada, after being named in an indictment. * Ammon Edward Bundy, 40, of Emmett, Idaho, is a car fleet manager and was the leader of the occupation until his arrest on January 26 during a traffic stop on U.S. Route 395 in Harney County, Oregon. On April 10, 2014, he was videotaped being tasered by federal agents when protesters surrounded a civilian driving a BLM-owned truck. According to Bundy, he began leading the occupation after receiving a divine message ordering him to do so. *
Ryan C. Bundy Ryan C. Bundy (born 1972) is an American cattle rancher and former Independent candidate in Nevada's 2018 Gubernatorial Election. He is the brother of Ammon Bundy and the son of Cliven Bundy, who was a central figure in the 2014 Bundy standoff in ...
, 43, of Mesquite, Nevada, is the brother of Ammon Bundy. As he was being arrested in January 2015 in
Cedar City, Utah Cedar City is the largest city in Iron County, Utah, United States. It is located south of Salt Lake City, and north of Las Vegas on Interstate 15. It is the home of Southern Utah University, the Utah Shakespeare Festival, the Utah Summer Gam ...
, on a warrant for interfering with an
animal control officer An animal control service or animal control agency is an entity charged with responding to requests for help with animals ranging from wild animals, dangerous animals, or animals in distress. An individual who works for such an entity was once kno ...
, Bundy allegedly resisted arrest and was given additional charges. In 2014, Ryan organized and conducted an illegal ATV ride to protest ATV restrictions on federal property which were meant to protect the archaeological sites there. In March 2015, Ryan harassed and threatened BLM employees during a city hall presentation regarding a BLM Land Management Plan related to
Gold Butte, Nevada Gold Butte is the name of a ghost town and nearby mountain peak in Clark County, Nevada. Both are protected as part of the Gold Butte National Monument, managed by the Bureau of Land Management. Gold Butte, the mountain, is high and rises ab ...
. Ryan was lightly wounded while being arrested on January 26 during a traffic stop on U.S. Route 395 in Harney County, Oregon. Ryan is believed to have planned and organized actions taken during the occupation, and recruited other supporters. Awaiting trial on charges stemming from the occupation, Ryan, who is representing himself, filed a motion with the court claiming he was incompetent. According to Oregon Public Broadcasting, Bundy wrote to the court: "I, ryan c, man, am an idiot of the ‘Legal Society’; and; am an idiot (layman, outsider) of the ‘Bar Association’; and; i am incompetent; and; am not required by any law to be competent. " His motion was denied. * Brian D. Cavalier, also known as "Booda" or "Booda Bear," 44, of Bunkerville, Nevada, was involved in the 2014 Bundy standoff in Nevada and had described himself as a "personal bodyguard" to Cliven Bundy during that time. After leaving the refuge on January 5, Cavalier was arrested in Maricopa County, Arizona, on an outstanding warrant and later released. According to prosecutors, his access to
firearm A firearm is any type of gun designed to be readily carried and used by an individual. The term is legally defined further in different countries (see Legal definitions). The first firearms originated in 10th-century China, when bamboo tubes ...
s is restricted due to his criminal record, but he has nonetheless consistently possessed weapons. Cavalier was convicted in Arizona of misdemeanor theft in 2014, and misdemeanor extreme DUI in 2005. Cavalier has claimed to have served in the
U.S. Marine Corps The United States Marine Corps (USMC), also referred to as the United States Marines, is the maritime land force service branch of the United States Armed Forces responsible for conducting expeditionary and amphibious operations through comb ...
, but the Corps has stated it has no record of Cavalier. He was arrested on January 26 during a traffic stop on U.S. Route 395 in Harney County, Oregon. * Blaine Cooper, also known as Stanley Blaine Hicks, 36, of Dewey-Humboldt, Arizona, was arrested in Utah on February 11 for his role in the occupation, after traveling there in an "armed convoy" to attend a memorial for fellow militant LaVoy Finicum. He enlisted in the U.S. Marine Corps through the
Delayed Entry Program The Delayed Entry Program (DEP, also called the Delayed Enlistment Program or Future Soldiers Program in the U.S. Army), is a program designed to accommodate new enlistees into the United States Armed Forces before they ship out to basic training. E ...
, but according to service records, he never reported for
Marine recruit training Marine is an adjective meaning of or pertaining to the sea or ocean. Marine or marines may refer to: Ocean * Maritime (disambiguation) * Marine art * Marine biology * Marine debris * Marine habitats * Marine life * Marine pollution Military ...
. He had been convicted in Arizona of felony aggravated assault in 2009. In 2013, during a town hall meeting hosted by
U.S. Senator The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and powe ...
John McCain John Sidney McCain III (August 29, 1936 – August 25, 2018) was an American politician and United States Navy officer who served as a United States senator from Arizona from 1987 until his death in 2018. He previously served two terms ...
, Cooper called for McCain to be arrested for treason. * Shawna Cox, 59, of Kanab, Utah, was arrested on January 26 during a traffic stop on U.S. Route 395 in Harney County, Oregon. A friend of the Bundy family, she, along with her husband, owned and operated small, local businesses and rental properties. * Travis Levi Cox, 21, of Redmond, Oregon, the youngest of the militants, was on the run from federal authorities after being named in an indictment. He was arrested in Utah on April 12 and held in a county jail in Cedar City, Utah. * Duane Leo Ehmer, 45, of Irrigon, Oregon, was arrested by the FBI at a checkpoint outside the refuge on January 27. He was frequently photographed with his horse at the refuge. He is a convicted felon banned from possessing firearms, but he, too, was carrying a pistol when he was arrested in January, according to the records. Prosecutors said he also recently posted a photo on Facebook with the threatening caption: "The only way to win a war is to kill enough of the enemy that they do not want to fight anymore." * Eric Lee Flores, 22, of Tulalip Bay, Washington, was arrested in his hometown on February 11 after being named in an indictment. A member of the
Tulalip Tribes The Tulalip Tribes of Washington (, lut, dxʷlilap), formerly known as the Tulalip Tribes of the Tulalip Reservation, is a federally recognized tribe of Duwamish, Snohomish, Snoqualmie, Skagit, Suiattle, Samish, and Stillaguamish people. Th ...
, he had been living on the reservation with his fiancée and their six-month-old daughter before the occupation, and also had plans of joining the U.S. Army. During the occupation, Flores traveled back and forth between
Burns, Oregon Burns is a city in and the county seat of Harney County, in the U.S. state of Oregon. According to the 2010 census, the population was 2,806. Burns and the nearby city of Hines are home to about 60 percent of the people in the sparsely pop ...
, and Tulalip Bay, Washington, and intermittently served as part of the group's "security detail." * David Lee Fry, 27, of Blanchester, Ohio, was the last militant to be arrested at the refuge, surrendering to the FBI on February 11. Prior to the occupation, he maintained a social media account and made posts mentioning ISIS and Adolf Hitler, and calling for U.S. President Barack Obama to be found guilty of treason and executed. He had a criminal record that included convictions for possession of drugs and related paraphernalia. * Wesley Kjar, 32, of Manti, Utah, was arrested on February 11 after being named in an indictment. At the time of his arrest, he had been hauling a trailer containing firearms and magazines. During the occupation, Kjar was quoted in news reports as saying he "wouldn't hesitate to stand between a bullet and Ammon Bundy." * Corey Lequieu, 44, of Fallon, Nevada, left the refuge immediately after Finicum's death on January 26, though he was arrested on February 11 after being named in an indictment. He served six years in the U.S. Army and had been working for a Fallon trash-haul company prior to the occupation. According to prosecutors, Lequieu made violent threats against the BLM and the FBI, and had been openly declaring his intentions to kill police officers in Harney County, Oregon. * Kenneth Medenbach, 62, of
Crescent, Oregon Crescent is an unincorporated community in Klamath County, Oregon, United States. Crescent is along U.S. Route 97 about south-southwest of Bend. Crescent has a post office with ZIP code 97733. Demographics Climate This region experiences ...
, was apprehended by the
Oregon State Police The Oregon State Police (OSP) is a law enforcement agency of the U.S. state of Oregon. The OSP enforces all of Oregon's criminal laws and assists local law enforcement agencies. Terri Davie has served as Superintendent since November 1, 2020. ...
in Burns on January 15, while driving a government vehicle stolen from the refuge facility; a second vehicle stolen from the wildlife refuge was also recovered at the scene. Both vehicles bore altered markings of "Harney County Resource Center" on the doors, the unofficial name the militants have used for the refuge since shortly after the takeover. Medenbach previously had a history of troubles with the law, including a prior conviction for illegal occupation of government land that included setting up a makeshift shelter with booby traps and a stockpile of explosives, and was on bail awaiting trial for a similar charge from 2015. Medenbach reportedly used many legal quirks and filed legal documents in a way consistent with the anti-government sovereign citizen movement. Medenbach had previously told news reporters that "the Lord's telling me to possess the land, and I can legally do it, because the U.S. Constitution says the government does not own the land." * Joseph Donald O'Shaughnessy, 43, of Cottonwood, Arizona, was arrested by the FBI on January 26 in Burns. He has previously been arrested for disorderly conduct, domestic violence and drug offenses, according to court records. O'Shaughnessy has argued that he was not a member of the group, being a member of an unrelated militia, but was trying to keep the peace at the refuge. * Jason Patrick, 43, of Bonaire, Georgia, a roofing contractor, was arrested by the FBI on January 27 at a checkpoint outside the refuge. Patrick, one of the last holdouts at the refuge, faced charges in August 2014 of "making terrorist threats" after he "threatened to kill everyone" inside a Georgia municipal court building, according to prosecutors. Patrick posted bond in that case and was released, but agreed not to possess weapons—a condition that he has since violated. He was photographed with guns during the occupation, prosecutors noted. Initially offering guided tours for journalists during the start of the occupation, Patrick seemed to become the group's new leader following Ammon Bundy's arrest on January 26. * Ryan Waylen Payne, 32, of
Anaconda, Montana Anaconda, county seat of Deer Lodge County, which has a consolidated city-county government, is located in southwestern Montana, United States. Located at the foot of the Anaconda Range (known locally as the "Pintlers"), the Continental Divid ...
, is an electrician and a U.S. Army veteran who served in Iraq. He is a founding member of the West Mountain Rangers, a militia group from Montana. During the Bundy standoff in 2014, Payne claimed to have organized a team of militia sharpshooters. During the occupation, Payne commented that they would "be here for as long as it takes." However, he further remarked that his group was not violent, but it was possible that the standoff could turn violent. "A version of this article appears in print on January 4, 2016, on page A1 of the New York edition with the headline: Armed Protesters Vow to Stay on Oregon Refuge Indefinitely." Payne was arrested and taken into custody on January 26 during a traffic stop on U.S. Route 395 in Harney County, Oregon. He helped coordinate community meetings outside the refuge during the occupation. * Jon Eric Ritzheimer, 32, of Peoria, Arizona, is an anti-government and anti-Islam militant affiliated with the
3 Percenters The Three Percenters, also styled 3 Percenters, 3%ers and III%ers, are an American and Canadian far-right anti-government militia. The group advocates gun ownership rights and resistance to the U.S. federal government. The group's name de ...
and formerly associated with the controversial Oath Keepers group. He voluntarily surrendered to the FBI on January 26 in his hometown of Peoria, Arizona. * Jake Edward Ryan, 27, of Plains, Montana, was named in an indictment on February 11. He was arrested on April 6 after spending two weeks on the run from authorities. Ryan was found hiding in a shed armed with a loaded .45-caliber handgun and several knives. He and Sean Anderson were responsible for digging a large trench on an archaeological site at the refuge, which was considered sacred to the Burns Paiute Tribe. * Peter Santilli, 50, of Cincinnati, Ohio, is a
conservative media Media bias is the bias of journalists and news producers within the mass media in the selection of many events and stories that are reported and how they are covered. The term "media bias" implies a pervasive or widespread bias contravening of J ...
host who live-streamed the occupation until his arrest by the FBI on January 26 in Burns. He was the first person to report Finicum's shooting and the arrests on U.S. Route 395. Santilli previously bragged on YouTube about refusing to turn in his guns in violation of a restraining order filed against him. Santilli, who is a vocal supporter of the Bundys, argued that he was a journalist covering the protests. He has also been charged with 16 federal felonies, each attracting sentences of between 5 and 20 years and fines of up to per count, relating to the earlier standoff in Nevada. His arrest prompted an outcry from
civil liberties Civil liberties are guarantees and freedoms that governments commit not to abridge, either by constitution, legislation, or judicial interpretation, without due process. Though the scope of the term differs between countries, civil liberties may ...
advocates, including the American Civil Liberties Union, who stood by his assertion that he was simply covering the occupation. * Geoffrey Alan Stanek, 26, of Lafayette, Oregon, was arrested in Forest Grove, Oregon, on February 11 after being named in an indictment the previous day. He served in the U.S. Army for three years before being honorably discharged. * Darryl William Thorn, 31, of Marysville, Washington, was arrested in
Bend, Oregon Bend is a city in and the county seat of Deschutes County, Oregon, United States. It is the principal city of the Bend Metropolitan Statistical Area. Bend is Central Oregon's largest city, with a population of 99,178 at the time of the 2020 U.S ...
, on February 11 after being named in an indictment. A worker in Bremerton, Washington, he was a friend of fellow militant Eric Lee Flores, who he met in their shared association with the 3 Percenters. * Neil Sigurd Wampler, 68, of Los Osos, California, is a camp cook and a retired woodworker. He was convicted in 1977 of second-degree murder for killing his father and as a result is prohibited from possessing firearms, which Wampler has frequently protested. He was arrested on February 11 after being named in an indictment. * Scott Alan Willingham, 49, an unemployed musician who had been part of a "security detail" during the occupation, was arrested on March 17 by a Grant County, Oregon, sheriff's deputy in
Mount Vernon, Oregon Mount Vernon is a city in Grant County, Oregon, United States. Its post office was established in 1877 and named after a black stallion that belonged to settler David W. Jenkins. The stallion's stable, a small stone building, is still standing in ...
, and charged with weapons offenses after threatening to shoot federal law enforcement officers unless he was arrested for his role in the occupation. On March 23, he was transferred into federal custody after being indicted on two federal charges of stealing government property in relation to his stealing of a camera and related equipment worth more than from a utility pole at a transformer station.


Others

The following militants were reported as avoiding arrest and prosecution related to the occupation: * Melvin D. Bundy, 41, of Round Mountain, Nevada, is the brother of Ammon and Ryan Bundy. Like his brothers, he opposed the BLM, signing a Change.org petition that opposed restrictions imposed on public lands located in St. George, Utah. He reportedly left the refuge early on in the occupation and is currently not charged for his role. However, he was arrested by federal agents on March 3 following his indictment in connection with the 2014 Bundy standoff in Nevada. * Melissa Cooper of Dewey-Humboldt, Arizona, is the wife of Blaine Cooper and an employee of a warehouse. She was a cook at the refuge during the occupation. * Gerald A. DeLemus, 61, of Rochester, New Hampshire, the co-chair of Veterans for Trump in New Hampshire, made headlines in January when he traveled to Malheur to meet with the militants. DeLemus said at the time he was acting on his own and not as a representative of the Donald Trump presidential campaign. He was arrested on March 3 following his indictment in connection with the 2014 Bundy standoff in Nevada. DeLemus is facing nine federal charges based on an indictment brought in Nevada, including conspiracy to commit an offense against the United States, threatening a federal law enforcement officer, assault on a federal officer, obstruction of justice, attempting to impede or injure a federal law enforcement officer, interference with interstate commerce by extortion, and several firearms charges, according to court records. * Brandon Dowd, 31, of Pine Bluff, Arkansas, one of only two known militants of non-
Caucasian Caucasian may refer to: Anthropology *Anything from the Caucasus region ** ** ** ''Caucasian Exarchate'' (1917–1920), an ecclesiastical exarchate of the Russian Orthodox Church in the Caucasus region * * * Languages * Northwest Caucasian l ...
heritage, was observed by '' The Guardian'' conducting armed security duty at the refuge during the occupation. He encouraged people to visit the refuge and be educated about constitutional rights, and stated that he had been inspired by the 2014 Bundy standoff. Dowd was not among those named in an indictment. He was, however, arrested on February 8 in Harney County, Oregon, for an unrelated May 2015 firearm theft case in Kansas. * Michael Ray Emry, 54, of Boise, Idaho, was taken into custody by the FBI on May 6 in John Day, Oregon, on federal weapons charges, though he was not charged for his activities at the refuge. He had been found to be in possession of a stolen fully automatic .50-caliber M2 Browning heavy machine gun. The
serial number A serial number is a unique identifier assigned incrementally or sequentially to an item, to ''uniquely'' identify it. Serial numbers need not be strictly numerical. They may contain letters and other typographical symbols, or may consist enti ...
on the weapon was found to have been removed. Before the occupation, Emry had a history of bomb-making and assisted people in airing their anti-government views. According to fellow militant Scott Alan Willingham, Emry spent time at the refuge for media purposes and to share his expertise with weapons, and supplied another militant at the refuge with a semi-automatic AK-47
rifle A rifle is a long-barreled firearm designed for accurate shooting, with a barrel that has a helical pattern of grooves ( rifling) cut into the bore wall. In keeping with their focus on accuracy, rifles are typically designed to be held with ...
. * Robert "LaVoy" Finicum (January 27, 1961 – January 26, 2016), was a Northern Arizona rancher whose cattle grazed on BLM land, maintained that he owned grazing rights on that land through natural law as his friend Cliven Bundy had also maintained. He was shot dead by Oregon State Police officers on January 26 while resisting arrest on U.S. Route 395 in Harney County, Oregon. * Debra Carter Pope, also known as Debra Bass, 61, of Fallon, Nevada, is the fiancée of Corey Lequieu. She was a former sheriff's deputy and is a U.S. Air Force veteran. Alongside Melissa Cooper, she was a cook at the refuge.


Motives for the occupation

The motivation for the occupation was the control and use of federal lands, which the militants wanted transferred to
private ownership Private property is a legal designation for the ownership of property by non-governmental Legal personality, legal entities. Private property is distinguishable from public property and Personal property, personal property, which is owned by a s ...
or to Harney County, Oregon, control. There is a long history of conflicting interests between different citizens on federal lands, specifically in this case between ranchers and environmentalists. Ranchers have a long history of using federal lands to graze livestock, which was unregulated until the enactment of the
Taylor Grazing Act of 1934 The Taylor Grazing Act of 1934 () is a United States federal law that provides for the regulation of grazing on the public lands (excluding Alaska) to improve rangeland conditions and regulate their use. The law initially permitted of previously ...
. Overgrazing can damage or destroy habitats for the livestock themselves and for wildlife. Environmental restrictions like the National Environmental Policy Act of 1969 and the
Endangered Species Act The Endangered Species Act of 1973 (ESA or "The Act"; 16 U.S.C. § 1531 et seq.) is the primary law in the United States for protecting imperiled species. Designed to protect critically imperiled species from extinction as a "consequence of ec ...
of 1973, intended to protect wildlife and the environment, have been increasing over time, placing a burden on ranchers or even putting them out of business. A specific, relevant example was the case of Cliven Bundy, the father of militant Ammon Bundy. In that case, the government determined that Bundy's cattle were damaging the habitat of the desert tortoise, an
endangered species An endangered species is a species that is very likely to become extinct in the near future, either worldwide or in a particular political jurisdiction. Endangered species may be at risk due to factors such as habitat loss, poaching and inv ...
. He was subsequently ordered to greatly reduce the number of cattle on federal rangeland on which he had grazing rights, but Bundy refused and also stopped paying grazing fees. The government began removing the trespass cattle, resulting in the 2014 Bundy standoff. Similarities were drawn between the occupation and the Sagebrush Rebellion and
wise use The wise use movement in the United States is a loose-knit coalition of groups promoting the expansion of private property rights and reduction of government regulation of publicly held property. This includes advocacy of expanded use by commer ...
movements. Ammon and Ryan Bundy are members of the Church of Jesus Christ of Latter-day Saints (LDS Church). They and some of the other militants have cited the Mormon scripture as justification for defying government authority. After the occupation began, the LDS Church issued a statement, strongly condemning the seizure and that the armed occupation can in no way be justified on a scriptural basis. Story originally titled, "Why the Oregon occupiers are citing the Book of Mormon's 'military stud muffin'". Alex Beam describes the Bundys as "Mormon religious fanatics." Cliven Bundy has frequently made references to the Book of Mormon in his conflicts with the United States government for years. According to Oregon Public Broadcasting (OPB), during the family's 2014 standoff, Bundy used banners quoting Captain Moroni: "In memory of our God, our religion, and freedom, and our peace, our wives, and our children." Ammon Bundy used much of the same language as his father, "mixing Mormon religious symbolism with a disgust of the federal government," according to OPB reporter John Sepulvado. One member of Ammon's militant group refused to give any other name to the press than "Captain Moroni, from Utah" and was quoted as saying, "I didn't come here to shoot I came here to die." In an
op-ed An op-ed, short for "opposite the editorial page", is a written prose piece, typically published by a North-American newspaper or magazine, which expresses the opinion of an author usually not affiliated with the publication's editorial board. O ...
, Chris Zinda of ''The Independent'', published in St. George, Utah, references a relevant work:
Many people do not know that Cliven Bundy, along with his former neighbor Keith Nay, self-published a book titled 'Nay Book' that is a combination of LDS theology and Skousen constitutional theory. Written in the late 1990s, it is the revelatory playbook that Cliven used in 2014 in Bunkerville and that his sons used in Malheur in 2016. It is a vivid example of how his 1950s–80s John Birch Society/Skousen indoctrination formulated his adulthood opinions that have since been passed on to his posterity and beyond.
Before, during, or after the occupation, several militants and a few reported visitors to the refuge espoused connections or used language commonly used by the sovereign citizen movement. Also during the occupation, one visitor, a self-proclaimed judge from Colorado named Bruce Doucette, announced that a "citizens grand jury" would be convened, a common tactic of sovereign citizen groups. Ryan Bundy's court filings have been noted to contain sovereign citizen rhetoric, while Shawna Cox explicitly claimed to be a "sovereign citizen" in a filed countersuit.


Criminal charges against militants

, 27 people involved in the occupation have been charged under federal law; of those, 26 have been indicted for a single federal felony count of conspiracy to impede officers of the U.S. from discharging their official duties through the use of force, intimidation, or threats. A number of those under indictment on the conspiracy charge are also charged with a variety of other counts, some of which incur sentences up to
life imprisonment Life imprisonment is any sentence of imprisonment for a crime under which convicted people are to remain in prison for the rest of their natural lives or indefinitely until pardoned, paroled, or otherwise commuted to a fixed term. Crimes for ...
, including possession of firearms and dangerous weapons in federal facilities, use and carry of firearms in relation to a crime of violence, depredation of government property (relating to damaging the site "by means of excavation and the use of heavy equipment"), and theft of government property. In addition, several of those under indictment in Oregon have also been indicted separately for their roles in the 2014 Bundy standoff in Nevada. The indictees and their initial charges were: Notes: * (1). Charge dismissed on June 10. * (2). Charge will be dismissed at August sentencing. * (3). Charge will be dismissed at October sentencing. * (4). Charge will be dismissed at December sentencing. * (5). Charge will be dismissed at February 2017 sentencing. * (6). Charge will be dismissed at May 2017 sentencing. * (7). Charge dismissed on September 6; no Oregon trial. * (8). Charge dismissed on October 3. * (9). Not guilty verdict declared for charge on October 27. * (10). Hung jury declared for charge on October 27. * (11). Acquitted of the initial conspiracy charge, but found guilty of digging ditches. * PG. Pleaded guilty. * TBD. To be determined. * TS. Time served. Penalties for the offenses are as follows: * Conspiracy to impede or injure officer of the U.S.—fine or up to six years' imprisonment * Possession of firearms and dangerous weapons in federal facilities—fine or up to five years' imprisonment if used in the commission of a crime * Use and carry of firearm in relation to a crime of violence—imprisonment for minimum five years to life (dependent on type of firearm used), consecutive to any other sentences passed * Depredation of government property of value greater than —fine or up to ten years' imprisonment * Theft of government property of value greater than —fine or up to ten years' imprisonment


Other arrests and charges

* Cliven D. Bundy, 74, of Bunkerville, Nevada, was arrested on the night of February 10 by the FBI at the Portland International Airport while he was on his way to support the standoff at the refuge. He faces federal charges related to his own standoff with the BLM in 2014. * Joseph Stetson, 54, of Woodburn, Oregon, was arrested on January 25 by the Oregon State Police in Burns for
driving under the influence Driving under the influence (DUI)—also called driving while impaired, impaired driving, driving while intoxicated (DWI), drunk driving, operating while intoxicated (OWI), operating under the influence (OUI), operating vehicle under the infl ...
while en route to the refuge. He was drunk and threatened to kill police as he was being arrested.


Legal proceedings


Pretrial court appearances


January–February 2016

Ammon Bundy, Ryan Bundy, Ryan Payne, Dylan Anderson, and Jason Patrick all appeared in court on January 29. Ammon Bundy stood in court and explained the motives of the occupation to
U.S. Magistrate Judge In United States federal courts, magistrate judges are judges appointed to assist U.S. district court judges in the performance of their duties. Magistrate judges generally oversee first appearances of criminal defendants, set bail, and conduct ...
Stacie F. Beckerman, saying that " isonly goal from the beginning was to protect freedom for the people." However, he and the other militants were denied bail, with the judge saying she would not release them while the occupation continues. Shawna Cox was released on bail on January 29 and ordered to home detention with extensive conditions. Nineteen days later, she filed a countersuit against the U.S. government in the U.S. District Court for the District of Oregon. In it, she claimed to be a "sovereign citizen" instead of " a subject of corporate United States of America" and accused any judge who is a member of a state bar association or the
Federal Bar Association The Federal Bar Association (FBA) is the primary voluntary professional organization for private and government lawyers and judges practicing and sitting in federal courts in the United States. Six times a year, The Association prints ''The Federa ...
of being "Foreign Agents operating subversively within United States." Her suit demanded "damages from the works of the devil in excess $666,666,666,666.66." The document was quickly dismissed by a judge, saying that her claims were "not cognizable in this criminal proceeding and will not be addressed in this case." During her home detention, she made online statements about the case and urged people to travel to Montana and provide shelter for militant Jake Edward Ryan, who had been on the run from federal authorities at the time. Duane Ehmer was released on home detention on February 4 and is being monitored via
GPS The Global Positioning System (GPS), originally Navstar GPS, is a Radionavigation-satellite service, satellite-based radionavigation system owned by the United States government and operated by the United States Space Force. It is one of t ...
. He was released from jail on February 5 after it was ruled that his connections to Irrigon were strong and that he did not pose a flight risk. David Fry, Sean and Sandra Anderson, and Jeff Banta, the last four militants to surrender in the occupation, appeared in court on February 12, a day after their surrender. Also appearing were militants Darryl William Thorn and Geoffrey Stanek. They were all charged with several offenses, with all six pleading not guilty. Stanek claimed that he had gone to the refuge to act as a medic and that he had been cooperating with the investigation, though
U.S. District Judge The United States district courts are the trial courts of the U.S. federal judiciary. There is one district court for each federal judicial district, which each cover one U.S. state or, in some cases, a portion of a state. Each district cou ...
John V. Acosta expressed concerns about him being armed during the occupation and the fact that he had been armed during his arrest. Also on February 12, Wesley Kjar appeared in federal court in Salt Lake City, Utah, while Blaine Cooper made a separate court appearance in St. George, Utah. Kjar was denied release from jail with conditions on February 16 after being judged as a flight risk and a danger to the community. Sandra Anderson was released from jail on February 19 under the conditions that she remain in her home state of Idaho unless she needed to make court appearances in Oregon; would not make any contact with the other militants, including her husband; and not possess any firearms. She was also ordered to undergo a mental health evaluation. She was released after U.S. Magistrate Judge Janice M. Stewart ruled that she is not a flight risk because she has no criminal history and has held a steady job. Ten of the jailed militants, including Ammon Bundy, appeared in court on February 24, when U.S. District Judge
Anna J. Brown Anna Jaeger Brown (born July 26, 1952) is a senior United States district judge of the United States District Court for the District of Oregon. Early life Brown was born in Portland, Oregon, in 1952, and attended high school there at St. Mary's ...
stated that she would push to try them on the federal conspiracy charges as soon as possible. During the hearing, several of the militants challenged her assertions; and two of them, Ryan Bundy and Kenneth Medenbach, expressed their wishes to represent themselves. Bundy and Medenbach's requests were later granted by Judge Brown. Jeff Banta was released from jail on February 26 under the conditions that he would not make any contact with the other militants and not make any statements in support of illegal activity.


March–May 2016

On March 29, a federal judge lifted Shawna Cox's home detention and replaced it with a curfew under the condition that she not make any public comments regarding the case. On April 19, Kenneth Medenbach was convicted by a federal court in
Eugene, Oregon Eugene ( ) is a city in the U.S. state of Oregon. It is located at the southern end of the Willamette Valley, near the confluence of the McKenzie and Willamette rivers, about east of the Oregon Coast. As of the 2020 United States Census, Eu ...
, of unlawfully occupying and camping on federal public land managed by the BLM in Josephine County, Oregon, in 2015. On April 28, some of the lawyers of the militants began urging the court to dismiss certain counts specified in the February indictment. They claimed that the federal conspiracy charge was "unconstitutionally vague" and that the firearm charge is inadmissible because a violent crime wasn't committed during the course of the occupation. The militants' lawyers began expressing concerns about an impartial jury during the actual trial on May 4. One lawyer "suggested the possibility of change of venue, and asked a federal judge to approve funding for an analysis of the media attention the case received and, possibly, a survey of community attitudes." U.S. District Judge Anna J. Brown did not respond to the suggestion, but it was reported that she was "more agreeable" to have jurors originate from different areas throughout Oregon rather than just
Portland Portland most commonly refers to: * Portland, Oregon, the largest city in the state of Oregon, in the Pacific Northwest region of the United States * Portland, Maine, the largest city in the state of Maine, in the New England region of the northeas ...
, which was the original plan. On May 11, Jason Patrick was allowed by Judge Brown to represent himself in his case, though his request to not have standby counsel was denied. On May 12, Scott Willingham pleaded guilty to one of two counts of theft of government property filed against him, being the first of the militants to submit a guilty plea. Under a
plea bargain A plea bargain (also plea agreement or plea deal) is an agreement in criminal law proceedings, whereby the prosecutor provides a concession to the defendant in exchange for a plea of guilt or '' nolo contendere.'' This may mean that the defendan ...
, Willingham will face six months in prison, followed by two years of supervised release, and he also agreed to undergo a mental health evaluation and pay an unspecified amount of restitution to the U.S. government. On May 19, Corey Lequieu pleaded guilty to conspiracy to impede federal officers as part of a plea bargain deal reached by his attorneys and federal prosecutors, being the first militant to do so. His sentencing was set for August 25, with prosecutors intending to recommend a sentence of two and a half years in prison along with a required payment of restitution to the government. In exchange for the guilty plea, prosecutors agreed to drop the weapons charges as well as charges relating to the 2014 Bundy standoff. On May 25, Ammon Bundy's defense team filed a "notice of substitution of counsel" in the U.S. District Court for the District of Oregon, replacing attorneys Lissa Casey and Michael Arnold for Utah attorney J. Morgan Philpot.


June–August 2016

On June 2, Jake Ryan and Travis Cox were released on bail to family members pending trial. Both men were released under the conditions that their parents report any bail violations; and that the men find employment, obey curfews and travel restrictions, and refrain from contact with militias or participation in other protests or public comment on the case. Prosecutors opposed the motion on the basis of previous attempts by the men to avoid arrest, and commented on the recent ejection of Darryl Thorn from a Donald Trump rally while on similar terms of release. On June 7, Ammon Bundy's lawyer J. Morgan Philpot filed a '' pro hac vice'' special admission in the U.S. District Court for the District of Oregon to allow Utah attorney Marcus Mumford to assist him. On June 9, Eric Lee Flores pleaded guilty to a federal conspiracy charge as part of a plea bargain deal. On June 10, U.S. District Judge Anna J. Brown dismissed one of two firearms charges against the Bundy brothers, David Fry, Jon Ritzheimer, Ryan Payne, Brian Cavalier, Jason Patrick, and Sean Anderson. She cited that the underlying conspiracy charge does not meet the legal definition of a "crime of violence" as defined by Ninth Circuit case law. From June 14 to June 23, Geoffrey Alan Stanek, Jason Blomgren, and Wesley Kjar all pleaded guilty to a federal conspiracy charge as part of plea bargain deals. On June 29, Brian Cavalier also pleaded guilty to a federal conspiracy charge, as well as a firearms possession charge, as part of a plea bargain deal. Cavalier's plea deal does not affect federal charges pending against him in Nevada. On June 30, Ammon Bundy's defense team filed a motion asking for a delay for their client's September 7 trial, explaining they needed more time to prepare for the defense. In the motion, the defense team argued that several pretrial motions were not resolved and Bundy's detention "has rendered it virtually impossible for him to participate meaningfully in his defense." The lawyers also asked the court to "allow Bundy another two months to argue for his release pending trial and to help prepare his defense to challenge the federal charges." This latest action prompted Bundy's brother Ryan and other militants, on July 1, to file similar motions asking for delays in their trials. On July 6, U.S. District Judge Anna J. Brown denied Ammon Bundy's defense request for a delay in trial. On July 7, Blaine Cooper pleaded guilty to a federal conspiracy charge. On July 19, Ryan Payne pleaded guilty to a federal conspiracy charge for his role in the occupation, as well as three federal charges related to the 2014 Bundy standoff, as part of a plea bargain deal. On July 20, Travis Cox pleaded guilty to a federal conspiracy charge as part of a plea bargain deal. On August 1, Joseph O'Shaughnessy pleaded guilty to a federal conspiracy charge and is expected to do the same to federal charges related to the Bundy standoff. That same day, Kenneth Medenbach was sentenced to five years' probation for unlawfully occupying and camping on federal public land in Josephine County, Oregon, in 2015. On August 15, Jon Ritzheimer pleaded guilty to a federal conspiracy charge as part of a plea bargain deal. On August 22, U.S. District Judge Robert E. Jones admonished Duane Ehmer for writing a threatening post against liberal Democrats on Facebook, which has since been deleted. As a result, Jones added a new condition for Ehmer's release, to "not engage in conduct or speech that will incite others to trespass on or destroy federal property, or engage in violence." On August 30, Judge Brown granted Ryan Bundy and Kenneth Medenbach the right to represent themselves, despite Bundy and Medenbach's repeated defiance of her rulings and willingness to violate court orders. Medenbach subsequently agreed to follow Brown's rulings and instructions in exchange. Bundy remained more defiant with this requirement and asserted he would follow rulings only as long as "they are in accordance with the law"; Brown later said she believed that he was "reserving" his right to follow rulings based on his own interpretation of the law, but decided to give him "the benefit of the doubt". Also on August 30, David Fry's lawyer announced his intention to argue that his client suffers from schizotypal personality disorder, claiming that he had been quiet and mostly kept to himself at the refuge during the occupation until the shooting death of LaVoy Finicum. Fry's lawyer also claimed that after Finicum's shooting, Fry became paranoid that federal agents were going to come after him and escalated his actions as a result.


September 2016

On September 6, Judge Brown approved federal prosecutors' request to dismiss the federal conspiracy charge against Peter Santilli, the only charge he faced for his role in the occupation. He later said that he was not angry over his eight-month ordeal. On September 7, Ammon and Ryan Bundy (through Ammon's lawyers, Philpot and Marcus Mumford), filed a motion seeking to permit his client to wear "cowboy" attire in court. The U.S. Marshals Service has barred the defendants from wearing ties, boots, and belts, citing safety concerns. Denying the motion on grounds that the Bundys not showing their attire would prejudice their case, Judge Brown said Ammon was "dressed better than most people in the building, period."


Trials


Preparation

The trials for Bundy and six other co-defendants was scheduled to start on September 7, 2016; while a further seven co-defendants were set for trial beginning February 14, 2017. On August 3, about 1,500 potential jurors were summoned and asked to complete questionnaires that would be reviewed by the attorneys and parties involved in the September 7, 2016, trials. Judge Brown previously said the case would require an unusually large jury pool.


September 2016

Jury selection for the first set of trials began on September 7, 2016. On that day, eleven of 31 potential jurors were excused for a variety of reasons, such as opinions regarding the occupation and also personal hardships. By September 9, 2016, 62 people were identified as potential jurors. Twelve jurors (consisting of eight women and four men) and eight alternates were selected by the end of the day. Opening statements were scheduled for September 13, 2016. On September 12, Jeff Banta, one of the defendants for the first set of trials, had to correct Judge Brown's accidental error in leaving out firearms charges while recounting the charges against him. He also said he traveled to the refuge on January 25 to help bring attention to the
Hammond arson case ''United States v. Hammond'' was a court case in Oregon, United States, culminating from 20-year-long legal disputes between Harney County ranchers Dwight Lincoln Hammond Jr., 73, his son Steven Dwight Hammond, 46, and federal officials. In 2012, ...
, an issue raised by the militants during the occupation's first days. He added that he also wanted to work on the Hammond ranch while Dwight and Steven Hammond were still imprisoned. On September 13, opening statements were given, with a line of about a dozen people present outside the courthouse. The prosecution argued that Ammon Bundy and the other militants were leading an armed occupation of the refuge and not a political protest. The defense argued that the militants were not intending to interfere with refuge activities, but to restore local control of lands in the Western United States, as they were frustrated by the federal government's grazing and water rights restrictions on public land. On September 14, Sheriff David Ward, who was the lead local law enforcement official during the occupation, was the first to testify against the militants.


Sentencing

On August 16, Corey Lequieu became the first defendant to be sentenced in the federal conspiracy case against the militants. Judge Brown sentenced him to two-and-a-half years in prison, followed by three years of supervised release, and also ordered him to pay restitution. Though the conspiracy charge carried a maximum of six years' imprisonment, his sentencing was recommended by prosecutors as part of the plea bargain deal he reached, and decided after the government considered the fact that Lequieu was the first militant to take responsibility.


References

{{reflist, 30em Conservative organizations in the United States Political movements in the United States Right-wing militia organizations in the United States Sovereign citizen movement