The federal government does not own Malheur National Wildlife Refuge, has no right to have federal employees work on the land and, thus, has no right to charge anyone with interfering with that work.

That's the crux of the argument lawyers for Ammon Bundy plan to put forth, according to documents filed Friday in federal court. "The motion to dismiss in this case will challenge the Federal Government's authority to assert ownership over the land that is now known as the Malheur National Wildlife Refuge," writes Lissa Casey, one of Bundy's lawyers. "It is Defendant's position that this authority is critical to the Federal Government's authority to have federal employees work on that land.

"Jurisdiction in this case will determine whether the Federal Government can prosecute protesters for being there at all." Casey asked the judge for more time to file a motion to dismiss the charges.

On Monday, the judge said no. Judge Anna Brown directed Bundy's team to file papers by Wednesday and she will decide after that whether there should be a hearing.

"The Court notes it appears Ammon Bundy's anticipated motion relies on the type of historical and legal facts that do not ordinarily necessitate an evidentiary hearing or the examination of live witnesses," she ordered. "Accordingly, the Court directs Ammon Bundy to file any necessary supporting material in the form of declaration(s) together with his anticipated motion."

Bundy is one of 27 people indicted in connection with the armed takeover of the wildlife refuge in January.