Carol Bundy and Paula Hart shared Darryl Thorn's post.
Judge quashes Ryan Bundy's subpoena of Gov. Kate Brown
A federal judge has granted Oregon Gov. Kate Brown's motion to quash a subpoen...a issued by Ryan Bundy that demanded her presence as a witness for next month's Oregon standoff trial.
He also gave the court a Jan. 20 letter that Brown sent to the FBI director and U.S. attorney general, insisting on a "swift resolution'' to the occupation and asking federal law enforcement to "end the unlawful'' takeover of the wildlife refuge as "safely and quickly'' as possible.
Oregon Justice Department attorney Marc Abrams, on behalf of the governor, countered that Gov. Brown didn't have direct knowledge of law enforcement operations. He argued that making her testify would interfere with her busy schedule, and the information could be obtained from other sources.
U.S. District Court Judge Anna J. Brown, no relation to the governor, agreed with Abrams.
Document: The judge's order
"The Court notes Ryan Bundy has not demonstrated Governor Brown has any personal knowledge of the law enforcement response to the events at MNWR that is not otherwise available from other sources, notably including the law enforcement officials present at the time who actually directed and carried out such operations,'' the judge wrote.
She also wasn't swayed by Ryan Bundy's argument that public statements the governor "allegedly made regarding danger'' at the refuge kept employees of the U.S. Bureau of Land Management and U.S. Fish and Wildlife Service from conducting their work.
The judge cited case law that limits the subpoena of "heads of government agencies'' to testify in court only in "extraordinary circumstances.''
Judge Brown found Bundy failed to show that "extraordinary circumstances'' exist that would justify ordering the governor to testify in the case.
In another matter, Ryan Bundy, who is representing himself with a standby counsel and volunteer paralegal, is set to go before Judge Brown Tuesday afternoon, to argue why the judge shouldn't strip him of his pro se status.
The judge said she's poised to appoint him a lawyer because of his "open defiance'' of court authority and unwillingness to follow court orders. Co-defendant Kenneth Medenbach will also be given the chance at that hearing to argue why the court shouldn't strip him of his right to represent himself.
Ryan Bundy and Medenbach are among eight defendants set for trial on Sept. 7 in the federal conspiracy case arising out of the 41-day armed takeover of the federal wildlife sanctuary in Harney County. Eleven co-defendants have pleaded guilty to a federal conspiracy charge. Seven others are scheduled for trial in February.
-- Maxine Bernstein
Maxine Bernstein, The Oregonian/OregonLive
source - http://www.oregonlive.com/…/judge_quashes_ryan_bundys_subp.…