Ammon Bundy and his followers occupied the Malheur National Wildlife Refuge in Harney County as a "base for political operations'' to stake claim to the federal property, his attorney Marcus Mumford and brother Ryan Bundy argue in newly-filed court papers.

"The specific steps and lengths to which these defendants endeavored, including the establishment of a perimeter, the changing of the sign and renaming of the facility, the taking over of routine maintenance and cleaning, and the managing and control of the property all show that this was no random or spontaneous act of dangerousness or recklessness, but that it was a careful attempt by citizens acting in good faith... and in lawful protest of their government's actions,'' the attorney wrote.

Mumford described his client Ammon Bundy and his brother Ryan Bundy as political activists known for their strict interpretation of the U.S. Constitution and views challenging federal control of public land.

The 28-page motion is a request for the pretrial release of Ammon Bundy and Ryan Bundy, who have been in custody for five and a half months. But it could very well serve as their defense brief for trial, set to start Sept. 7.

Attached to the brief is 58 pages of statements from supporting witnesses. Among those are a Burns bartender who said business was good in town during the refuge takeover; a fifth-generation Harney County rancher who visited the refuge and said he heard Ammon Bundy lead prayer services, even calling for the safety of FBI agents and other federal officers; and the former Harney County fire chief who resigned during the occupation and stood in support of the Bundys.

Read Ammon Bundy/Ryan Bundy's motion for pretrial release

Read Ammon Bundy's declaration

The Bundys are among 26 defendants indicted on a charge of conspiring to impede federal officers from the U.S. Fish and Wildlife Service and the U.S. Bureau of Land Management from carrying out their work at the refuge through "intimidation, threats and force.'' The occupation lasted 41 days, from Jan. 2 through Feb. 11.

Shortly after the Bundys' arrest, a federal magistrate judge rejected their argument that the refuge takeover was a peaceful protest and ordered them detained. The judge found they were among the key players who took over the federal property in Harney County with a show of force, breaking the law from "day one,'' and then ignored orders to leave the refuge for nearly a month.

Prosecutors have described the heavily armed guards that were posted at the entrances to the refuge during the takeover, and the seizure by FBI agents of more than 50 firearms and thousands of rounds of ammunition left behind after the occupation ended.

The Bundy brothers have pleaded not guilty to the conspiracy charge. Seven of the defendants have pleaded guilty to the federal conspiracy charge; an eighth is scheduled to enter a guilty plea Tuesday.

The Bundy brothers admit they were part of the occupation, and, contrary to Ammon Bundy's recent balking in court, acknowledge their roles in setting up, organizing and leading it, Ammon Bundy's lawyer wrote. But the Bundys contend their actions were not criminal, since they were "engaged in a deeply important and passionate political dispute.''

One of the statements included as an exhibit to Ammon Bundy and Ryan Bundy's joint motion for pretrial release in the Oregon standoff case. This signed statement was from the owner of The Narrows RV campground near the Malheur National Wildlife Refuge. (Court document)

The Bundys' "lawful exercise of constitutional and statutory rights'' cannot be an unlawful conspiracy, Mumford wrote, as they were exercising their rights to free speech, assembly, and the right to bear arms.

Ammon Bundy, according to his lawyer, never carried a personal firearm during the refuge occupation, and "consistently advocated for civic involvement, speech, and responsible protest.''

The statement directly contradicts federal court documents, in which an FBI agent said a .40-caliber handgun was seized from Ammon Bundy when he was taken into custody on Jan. 26.

Mumford quoted from President Barack Obama's speech in Cuba in March, in which he said, "citizens should be free to speak their minds without fear - to organize, and to criticize their government and to protest peacefully.''

The Bundys were attempting what's called an "adverse possession claim'' to the refuge - the occupation of land to which another person has title with the intention of possessing it as one's own, the motion said.

Ammon Bundy never became a member of any militia group and does not consider himself part of the "sovereign citizen movement,'' his attorney said.

He claims that Ammon Bundy began visiting with the Harney County ranchers Dwight Hammond Jr. and son Steven Hammond independently, and then participated in the Jan. 2 protest in Burns of the Hammonds' return to prison for arson.

After the protest, Ammon Bundy did propose there should be an "organized and focused'' expansion of the demonstration at the refuge, and it should be "principled, non-violent and lawful,'' Mumford wrote. A local sheriff's deputy was present at the Jan. 2 gathering in the parking lot of the Safeway in Burns where Ammon Bundy proposed the idea of occupying the refuge, his attorney wrote.

Ryan Bundy was among the group that first traveled to the refuge on Jan. 2, not Ammon Bundy, according to the document. After the initial group made sure there were no federal officers present, the two brothers and others began "staking a claim'' to the property, the lawyer wrote.

Part of a statement from former Harney County fire chief Chris Briels in support of the Bundy brothers, included as an exhibit to Ammon Bundy's and Ryan Bundy's motion for pretrial release. (Court document)

Under Ammon Bundy's leadership, the occupiers called themselves the "Citizens for Constitutional Freedom,'' the motion said.

Before his arrest on Jan. 26, Ammon Bundy contends he never received any "formal demand'' by anyone claiming ownership of the refuge property, or learned of any criminal allegations or warrant issued against him, his lawyer wrote.

Part of the motion criticizes the courts' continued detention of the Bundy brothers. Mumford argued that there's no evidence the Bundy brothers would be a danger to anyone if released.

Both have strong ties to their local communities, and their families are involved in church, school and extra-curricular activities.

In his own words, Ammon Bundy wrote that he'd never spent a night in jail before he was charged in the refuge case and doesn't travel out of the country. He's owned a fleet maintenance business since he was 23 years old, but has lost over half of his clients, and half of his employees since he's been in custody, he said. He lives with his wife of 15 years, and six children , ages 1 to 13, in Emmett, Idaho. They have an apple orchid of 250 apple trees, and run a "you pick'' operation in the fall.

If released before trial, he said he has no reason to flee.

"I refuse to be a fugitive,'' he wrote. "I love my family, my life, my country and my freedom too much.''

He said the refuge prosecution case is his "great opportunity'' to show the overreach of federal agencies.

"The exposure in this case will bring to light how federal agencies are discrediting and disregarding all three (government) branches' powers and usurping their powers as their own,'' Ammon Bundy said.

Any concern that Ammon Bundy or his brother Ryan Bundy would engage in future protests while on release pending trial also is baseless, the motion said. Both are among seven Oregon standoff defendants also charged with federal conspiracy, assault and other charges stemming from the 2014 standoff with officers outside their father's Bunkerville ranch in Nevada.

"This is the first time they have been held to answer for serious criminal charges, and all evidence indicates that they take these charges and this controversy seriously, that they respect this Court and the law and that they have a strong desire to defend themselves and vindicate their principles through legal process,'' the motion said.

-- Maxine Bernstein

mbernstein@oregonian.com

503-221-8212

@maxoregonian