Ammon Bundy and his supporters transformed the Malheur National Wildlife Refuge into a flophouse, broke into safes, removed hundreds of pages of federal records and left behind weapons, ammunition, explosives and hundreds of pounds of trash in an occupation that cost the U.S. Department of Interior more than $6 million, federal prosecutors say.

The defendants, the government contends, were inspired by the 2014 armed standoff in Nevada that thwarted federal officers from impounding cattle belonging to Ammon Bundy's father, controversial rancher Cliven Bundy. They repeatedly referred to the refuge takeover in eastern Oregon as "another Bunkerville,'' and described the occupied refuge as the "second freest place on earth'' after the Bundy ranch, according to a government trial brief filed late Friday.

Prosecutors will urge jurors to reject claims by the defendants that they carried guns at the refuge in self-defense, or that they simply were exercising their First Amendment rights to free speech and assembly or their Second Amendment right to bear arms.

The government outlined its case against Ammon Bundy and seven co-defendants in a 33-page trial brief. The eight are set to go to trial Sept. 7 on charges of conspiring to impede federal workers at the refuge through intimidation, threats or force.

Nine of 26 defendants indicted in the case have pleaded guilty to the conspiracy charge. A tenth defendant is set to enter a guilty plea Monday. Eight others are set for trial on Feb. 14.

Document: Government's trial brief

Document: Government's list of trial exhibits

Prosecutors acknowledge that the defendants came to Burns to protest the return to prison of Harney County ranchers Dwight Hammond Jr. and son Steve Hammond, who were convicted of arson for lighting public rangeland on fire, and to demonstrate against the government's control of public land.

"Those were lawful pursuits entitled to First Amendment protection,'' Assistant U.S. Attorney Ethan Knight wrote. "Once defendants' words and actions turned to the armed takeover of the Refuge, however, their actions and words are no longer entitled to First Amendment protection because they were integral to illegal activity. A right to protest does not include a right to prevent federal employees from performing their jobs.''

Taking a gun into a federal property isn't protected by the Second Amendment, prosecutors will argue. The occupiers' possession of firearms and military-style patrols of the refuge's perimeter were reasonably viewed as threatening, according to the government.

Employees stayed away from the federal wildlife refuge in fear as the occupiers appeared to "steadily fortify their hold on the property,'' the government's brief said.

"The Second Amendment secures lawful use or possession of a firearm, but the Amendment does not protect use or possession connected with criminal activity,'' the brief said.

The government also has asked the court to prevent Ammon Bundy, his older brother, Ryan Bundy, and co-defendants from using what's called an "adverse possession'' claim as their defense. Adverse possession is the occupation of land to which another person has title with the intention of possessing it as one's own. The Bundy brothers have argued that it was their intent to stake claim to the refuge through adverse possession.

Generally, property owned by the United States isn't subject to adverse possession, and the defendants had previous knowledge that the federal government has title to the land, Knight wrote. Such a civil claim can't be used as a defense to alleged criminal conduct, prosecutors argued in a related motion.

During the 41-day occupation that began Jan. 2, defendants replaced U.S. Fish & Wildlife Service signs with their own, received mail at the refuge, took over the kitchen, slept in the bunkhouse, drove government vehicles on the property, built a bunker and dug a trench filled with trash, according to prosecutors. They tried to access employee computers, used employee desks and stole gas from a tank on the refuge, Knight wrote.

They left weapons, ammunition and explosives throughout the property, engaged in target practice on the grounds and left hundreds of pounds of garbage behind, according to the government.

While the refuge reopened in March, its headquarters buildings remain closed because of damage caused by the occupation, Knight wrote.

Prosecutors will submit as evidence the dozens of guns, more than 20,000 rounds of ammunition and 1,000 spent shell casings recovered from the refuge, videos of defendants speaking from the refuge, their social media postings and Facebook account messages.

The government's itemized list of 674 trial exhibits includes:

Ammon Bundy's notes of individuals' responsibilities at the refuge, documents from the U.S. Fish & Wildlife Service found on Shawna Cox's thumb drive, multiple text messages between Ammon Bundy and Pete Santilli, videos of defendants' meetings in the refuge bunkhouse, aerial surveillance of the refuge, a Facebook video of defendant Jason Blomgren firing weapons, a U.S. Fish & Wildlife Service sign that read "Area closed beyond this sign to reduce wildlife disturbance" damaged with "numerous apparent bullet holes,'' a video of defendant Sean Anderson firing at an airplane at the refuge, a federal firearms trace report of Ammon Bundy's Winchester 300 rifle and a transcript of Ammon Bundy's testimony on the witness stand during a detention hearing earlier this month.

Prosecutors intend to argue that Ammon Bundy was the primary leader and organizer of the refuge takeover and planned the occupation months before its start.

They will cite his meeting with Harney County Sheriff Dave Ward in November 2015. Bundy told Ward that if he didn't prevent the Hammonds from returning to prison, "We will bring thousands of people here to do your job for you" and threatened "extreme civil unrest'' in the community, according to the government's trial brief.

On Jan. 2, Bundy asked a small group of people meeting in the parking lot of the Safeway in Burns "to follow me ... to make a hard stand,'' which was captured on video, prosecutors said. He then led a convoy to the refuge. The next day, he told the media that the refuge would serve as a "base place for patriots'' to stay for several years, the brief said.

Ryan Bundy, described as a fellow leader who was among the first to occupy the refuge and carried firearms throughout his stay, also played a role outside the refuge property, prosecutors said.

On Jan. 9, Ryan Bundy, defendant Kenneth Medenbach and others placed a sign outside the U.S. Bureau of Land Management's district office in Burns that read, "CLOSED PERMANENTLY.'' Two days later, Ryan Bundy and Medenbach helped remove a fence on the refuge property to allow cattle grazing on the wildlife sanctuary, according to prosecutors.

Ryan Bundy and Medenbach also face charges of theft of government property. Medenbach is accused of stealing a 2012 Ford truck from the refuge and driving it to the Burns Safeway on Jan. 15, where he was arrested. He's said in court that he was borrowing the truck to buy groceries. Ryan Bundy is accused of helping to remove a government camera from a utility pole on a public road near the refuge on Jan. 15.

Shawna Cox, described as an occupation spokesperson, was caught on a video with Ammon Bundy meeting with a group inside a refuge office. They discussed the placing of the "CLOSED PERMANENTLY'' sign outside the BLM district office, which Cox said made the employees "scared,'' according to the government's brief.

After her Jan. 26 arrest, Cox told investigators that she was at the refuge "because God sent her'' and that she and others were there to ensure the refuge land was returned to the people. She told agents that the weapons were for defense and would have been used to stop the government from entering the property, the brief said.

Prosecutors intend to show that independent broadcaster Pete Santilli used his online shows to incite others to engage in unlawful acts, telling people to come to Burns, threatening to crush the FBI and calling for "reinforcements.'' They will argue that he threatened counter-protesters and posted about 682 pages of stolen Bureau of Land Management paperwork relating to the Hammonds on his show's website, documents unlawfully removed from an archeologist's office at the refuge, Knight wrote.

Defendant Neil Wampler, who was the occupation's primary cook, sent an email to the Harney County sheriff in November 2015, saying his and others' determination to protest the Hammonds' return to prison was "no bluff,'' according to prosecutors. After his arrest, he likened the leaders of the refuge takeover to Gandhi and Martin Luther King Jr., the brief said.

Defendants David Fry, the last occupier to surrender on Feb. 11, and Jeff Banta, one of the last four holdouts, also are set for trial in September. Defendant Joseph O'Shaughnessy is set to plead guilty to the conspiracy charge Monday.

-- Maxine Bernstein

mbernstein@oregonian.com

503-221-8212

@maxoregonian