There's no reason to delay next week's transfer of Oregon occupation leader Ammon Bundy and four others to Nevada for an initial court appearance on a federal indictment there, prosecutors argued Monday in a new filing.

They contend that defense attorneys are conjuring up an unreasonable "parade of horribles'' should the Nevada case proceed at the same time as the one in Oregon. District court judges can manage the separate cases to adequately protect the defendants' interests, the prosecutors said.

Their arguments are outlined in legal papers filed with the 9th U.S. Circuit Court of Appeals and U.S. District Court in Portland and will be presented at a hearing Wednesday before Oregon's U.S. District Judge Anna J. Brown.

Brown should have the opportunity "to manage the case as she sees fit," Kelly A. Zusman, appellate chief for the U.S. Attorney's Office in Oregon, wrote in a response to defense lawyers' emergency motion filed in the 9th Circuit.

Ammon Bundy, brother Ryan Bundy and co-defendants Ryan Payne, Brian Cavalier and Blaine Cooper all have asked either the appeals court or Brown to put a hold on Brown's order that they be flown to Nevada on April 13 for arraignment until the higher court can hear their appeal.

Their defense lawyers contend that federal prosecutors in Nevada lack the authority to demand the transfer to Las Vegas when the defendants already face indictment in Oregon.

Splitting time between courtrooms and jail cells in Oregon and Nevada would severely compromise the defendants' ability to meaningfully communicate with their attorneys and would interfere with the right to a speedy trial, the defense lawyers say.

While federal prosecutors in Nevada and Oregon have moved to pursue parallel prosecutions on the separate criminal conspiracy cases, the defense lawyers argue that it's unconstitutional and counter to historical practices.

Federal prosecutors counter that the defendants haven't met the burden of proving any extraordinary circumstances that would warrant placing a hold, or a stay, on the defendants' transfer.

"Staying the transportation order in this criminal case would significantly interfere with the district court's case management, and it would represent an unwarranted intrusion into an ongoing criminal case,'' Zusman wrote.

Brown narrowly tailored the transportation order to ensure Bundy and his four co-defendants are brought back to Oregon in less than two weeks and confirmed with Nevada prosecutors that the Oregon trial will proceed first, the prosecutors argue in their legal briefs.

They also pointed out that the defense lawyers' request to delay the transfer and their appeal to "is entirely inconsistent with their push for speedy trials in both jurisdictions.''

Brown ruled last month that marshals could transport the five to appear on indictments in the 2014 standoff near Cliven Bundy's ranch near Bunkerville, Nevada. They were to be returned to Portland 12 days later, on April 25, according to the order.

They are among 19 indicted in Nevada for alleged crimes in the armed ranch standoff. They also face federal indictments in Oregon in the 41-day armed takeover of the Malheur National Wildlife Refuge outside Burns.

The defendants or their lawyers are expected to appear before Brown at 9:30 a.m. Wednesday. Brown also is expected to set a trial date. A fellow judge indicated in court Monday that Brown is pushing to hold a trial immediately after Labor Day.

Defense lawyers have suggested that defendants be divided into groups with separate trials for each group, with the two Bundy brothers, Payne, Cavalier, Cooper, Joseph O'Shaughnessy, Pete Santilli, Jason Patrick, Dylan Anderson, Sean Anderson, Kenneth Mendenbach, Wesley Kjar, Neil Wampler, Darryl Thor and Geoffrey Stanek ready to go to trial in September. Pretrial motions to dismiss indictments, challenge evidence or suppress evidence are expected.

-- Maxine Bernstein

mbernstein@oregonian.com

503-221-8212

@maxoregonian