Emergency Motion To Enjoin Prosecution, Dismiss With Prejudice, And Other Relief

-1- J. Morgan Philpot (Oregon Bar No. 144811) Marcus R. Mumford (admitted

pro hac vice

) 405 South Main, Suite 975 Salt Lake City, UT 84111 (801) 428-2000 morgan@jmphilpot.com mrm@mumfordpc.com

Attorneys for Defendant Ammon Bundy

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON UNITED STATES OF AMERICA,

Plaintiff

, v. AMMON BUNDY,

et al

,

Defendants

. Case No. 3:16-cr-00051-BR EMERGENCY MOTION TO ENJOIN PROSECUTION, DISMISS WITH PREJUDICE, AND OTHER RELIEF The Honorable Anna J. Brown The Court is familiar with the issues raised concerning federal subject matter jurisdiction and adverse possession. [#649, #1228] At last Friday’s hearing, the Court said to undersigned counsel, somewhat exasperatedly: “You don’t give up, do you?” It was a moment of levity at the end of a trying week, and counsel did not conclude anything further from it. But counsel did not realize that, just a few hours earlier, the g overnment filed documents purportedly supporting a request for judicial notice regarding ownership of the Malhuer National Wildlife Refuge (“Refuge”). [#1229, #1230] Those documents, filed at almost

the last moment

before Defendant Ammon Bundy is to stand trial, raise several urgent legal issues, contradicting and disproving the government’s prior statements regarding subject matter jurisdiction, and necessitating the relief sought herein. The declaration also helps demonstrate how the evidence that the government intends to introduce at trial was seized without due process, raising significant issues which must be resolved before any trial on the underlying charges. For the reasons asserted, Mr. Bundy moves to immediately enjoin the government’s prosecution, to dismiss this matter with prejudice, to restore Mr. Bundy and the Citizens for Constitutional Freedom to the land and