Prospective jurors summoned to federal court Tuesday for the trial of indicted FBI agent W. Joseph Astarita are expected to face vigorous questioning from his lawyers to expose possible bias in the wake of frequent "public attacks against the FBI - some made by the president of the United States himself."

Defense lawyers have pushed for a written questionnaire for jurors with attorneys asking follow-up questions in court considering the high-profile nature of the case, the high-level criticism of the FBI and what they believe is misinformation about the agent's role in arresting the men who led the armed occupation of the Malheur National Wildlife Refuge.

Astarita, a member of the FBI's elite Hostage Rescue Team, is charged with lying to conceal that he allegedly fired two shots at the truck of Robert "LaVoy" Finicum, the occupation spokesman, on Jan. 26, 2016. One hit the roof of the truck and the other went astray, Oregon investigators said.

"This trial will largely pit the credibility of local law enforcement against the credibility of FBI agents, which makes for a uniquely challenging jury selection process," Astarita's lawyers wrote to the court this month. "A jury questionnaire that permits potential jurors to privately express themselves on these hot-button political issues is essential in this extraordinary case.''

U.S. District Judge Robert E. Jones last week threw out two of the five charges against Astarita.

At trial, he'll face two counts of making a false statement, alleging he lied to his immediate FBI supervisor at the scene and another FBI supervisor days later. They asked him separately if he had shot at Finicum's truck.

He also faces one count of obstruction of justice stemming from his initial interview with two Oregon State Police detectives the night of the shooting. Astarita, 41, has pleaded not guilty to all charges.

The two shots in question came as Finicum emerged from his truck and said, "Go ahead and shoot me!'' with his hands raised in the air. He had just swerved into a snowbank at a police roadblock after speeding away from an initial police stop on U.S. 395 as the FBI and state police moved in.

Moments after the disputed shots, two state troopers fired and killed Finicum, 54, as he stepped away from his truck and was seen reaching inside his jacket. Investigators said he had a loaded handgun in an inner pocket.

Prosecutors will argue that forensic evidence, as well as audio and video recordings, will yield one conclusion: Astarita fired the disputed shots at Finicum's truck and then lied about it.

"Only defendant was squarely in position, with his rifle shouldered and pointing toward Finicum's truck, when those shots were fired," they wrote in a trial brief.

Astarita's lawyers will argue that the government's case is based on weak circumstantial evidence and unreliable forensic analyses riddled with errors.

They contend the shots could have come from a number of other officers, in particular a state police SWAT officer who fired five other bullets that day, including three that hit the driver side, front hood and radiator grill of Finicum's pickup as it was racing toward the roadblock and two that later struck and killed Finicum.

The judge has urged both sides to keep the case focused on the two essential questions: Did Astarita fire his rifle? Did he lie about it?

The trial is expected to last four weeks, with nearly 100 witnesses called, competing forensic experts testifying and more than a thousand exhibits, including photos and video screenshots of the scene, officers' rifles and a photo of a bloody shoulder wound Ryan Bundy suffered as a back-seat passenger in Finicum's truck.

Toward the end of the government's case, jurors will be led into the courthouse sallyport to view Finicum's truck and the bullet hole in the roof. They will watch a prosecution witness demonstrate how he determined the bullet's path.

Finicum's widow, Jeanette Finicum, said she will attend the trial to represent her husband. On Facebook, Finicum supporters have started an event page called "Justice For LaVoy'' to publicize the case. Jeanette Finicum has filed a wrongful death lawsuit against the FBI and Oregon State Police.

"Our family is praying that justice will be applied fairly and truthfully, and that the jury will see and hear all the facts in the case. It is our hope that if this agent committed these crimes that he would be treated no differently than the rest of us,'' Jeanette Finicum said Monday. "Our prayer is that this will not happen again to another family.''

Lawyers from both sides will attempt to distinguish the case against Astarita from the refuge takeover and two earlier trials of the refuge occupiers.

Jurors will be asked whether they've seen, read or heard anything about the refuge takeover or Finicum's shooting. They'll be asked if they've formed opinions about the U.S. Department of Justice or the prosecutors bringing charges against Astarita.

"This case is indirectly related to the armed occupation of the Malheur National Wildlife Refuge. It does not have anything to do with the occupiers' conduct at the refuge during the takeover. It does not have anything to do about land rights,'' prosecutors and defense lawyers wrote in a proposed statement for the jury questionnaire. "This case is about the conduct of an FBI agent during and in the aftermath of the Oregon State Police's shooting of Robert LaVoy Finicum.''

The final jury questionnaire hasn't been made public, but a list of questions proposed by lawyers from both sides is filed in court. One proposed question asks if prospective jurors have "strong enough feelings'' about the occupation or any of its occupiers that would make it difficult for them to be impartial.

The prospective jurors will be asked to fill out the questionnaire when they arrive at court and then will face additional questioning by the prosecutors and defense lawyers. Jury selection is set to start at 1 p.m. Tuesday.

Among some of the other questions attorneys from both sides proposed for the questionnaire: Does anyone have a relative or close friend who has been the victim of a crime, worked in law enforcement, been arrested, had a problem with law enforcement, have any training in firearms ballistics, computer animation or audiovisual surveillance?

Another potential question sought by attorneys: "The jury may not follow some rules and ignore others. Even if the jury disagrees or dislikes the rules of law or does not understand the reasons for some of the rules, the jury must still follow the law. Will any of you have difficulty following the judge's legal instructions?''

The two state police troopers who shot and killed Finicum are expected to testify, but the court has agreed to let them be identified only as "Officer 1'' and "Officer 2,'' out of concern about threats from militias, though Astarita's lawyers said federal officials couldn't identify any specific threats.

Astarita's fellow FBI Hostage Rescue Team agents who were at the scene are also expected to be called to testify. Prosecutors noted that some of the team agents were "overtly hostile'' to them as they prepared for trial.

-- Maxine Bernstein

mbernstein@oregonian.com

503-221-8212

@maxoregonian