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U.S. District Judge Anna J. Brown on Tuesday said she'd give Ryan Bundy, pictured on left, the "benefit of the doubt'' and allow him to continue to represent himself in the Oregon standoff federal conspiracy case. The judge also allowed co-defendant Kenneth Medenbach, shown on right, to continue to represent himself after he assured her he'd "abide by whatever you want me to do now.'' (The Oregonian)

Despite Ryan Bundy's repeated "contempt for the court process'' and failure to grant a blanket assurance that he'll follow the court's orders during trial, U.S. District Judge Anna J. Brown said she'd give him "the benefit of the doubt'' and allow him to continue to represent himself.

The judge also said co-defendant Kenneth Medenbach could continue to act as his own lawyer, but Medenbach promised to adhere to the judge's rulings.

"I will abide by whatever you want me to do now,'' Medenbach told Brown on Tuesday.

The judge indicated she found both had repeatedly defied her rulings and showed "persistent and willful violations of court orders'' in preparation for trial.

Bundy and Medenbach are two of eight defendants headed for trial Sept. 7. They've pleaded not guilty to a federal charge of conspiring to impede federal employees at the Malheur National Wildlife Refuge through intimidation, threats or force. The case stems from the 41-day occupation of the federal wildlife sanctuary that started Jan. 2 in Harney County.

The judge sought assurances from each defendant that they wouldn't keep bringing up matters that the court has already resolved.

She asked if Medenbach would agree not to raise or challenge her oath of office as he's done at least four times in the past.

"I will not bring up any issue anymore,'' he said.

She asked if he'd agree not to raise or challenge the court's jurisdiction in the case.

"I will not,'' Medenbach said.

And would he agree not to raise any issue regarding the federal ownership of the Malheur refuge?

"I will not bring it up,'' he told Brown, adding that he will follow all her rules in her courtroom.

"Pro se status is not a license to do what one wants in a courtroom,'' Brown reminded the men.

Ryan Bundy wasn't willing to make the same promises.

"I will, with all due respect, adhere to the federal rules of criminal procedure during this trial,'' Bundy told the judge.

She sought assurances that he wouldn't raise matters before the jury that the court already decided.

"I will abide by court rulings, so far as they are in accordance with the law,'' Bundy said.

He asked that the judge "make known to me'' any rulings so he can understand them.

"I do not relinquish power over myself to another,'' he said.

The judge persisted: "Will you follow the court's rulings in the presence of the jury, yes or no?''

A woman in the gallery loudly whispered, "Say yes, Ryan!''

Bundy, who stood at a defense table beside his standby counsel, looked down, paused and then said, "I still have questions on some of those court rulings.''

"That's not my question,'' the judge told him.

Brown instructed him to follow the court's rulings, whether he agrees with them or not. If he believes a ruling she's made at trial is wrong, he can ask her about it outside the presence of a jury, she told him.

Again, she asked if he'd follow the court rulings in the case.

"I will follow those criminal rules and codes and your orders, as they are backed by the law,'' Bundy said.

Though the judge said it sounded as if Bundy was "reserving'' his right to follow court rulings based on his own interpretation of the law, she said she'd give him the benefit of the doubt.

She cautioned him one more time: He'd be subject to immediate revocation of his right to represent himself if he raises any issue before the jury that the court has ruled was inadmissible.

"Is that clear?'' Brown asked.

"Understood,'' he said.

A person has a right to self-representation but it can be taken away under limited circumstances, such as when a "defendant deliberately engages in serious or obstructionist misconduct,'' according to case law. In this case, the judge may not have felt that Bundy's remarks were sufficiently contemptuous of the court to strip him of his self-representation status, legal experts said.

Medenbach's hybrid counsel, Matthew Schindler, earlier Tuesday said his client made his repeated arguments challenging the judge's oath of office and federal jurisdiction over the refuge in "good faith'' and to preserve the record for a potential appeal.

Medenbach hasn't been rude or acted out in court in any way, Schindler argued. He said Medenbach had learned from his trial in Eugene for illegal camping on federal property, in which the judge clearly instructed the jury to disregard legal postures that Medenbach had presented to jurors.

Medenbach wishes to retain his right to represent himself and direct the course of his defense, said Schindler, who is Medenbach's hybrid counsel. Schindler said he intends to make opening statements, question witnesses and present the closing argument on Medenbach's behalf at trial, but Medenbach is still directing his defense.

"He doesn't want me to denigrate Ryan Bundy. He doesn't want me to denigrate Ammon Bundy. I respect that,'' Schindler told the court. If Schindler were appointed Medenbach's attorney, Schindler said he'd be inclined to argue that the Bundy brothers were the leaders or conspirators in the occupation and distance his client from them.

In other action Tuesday, the judge allowed co-defendant Shawna Cox's standby counsel Tiffany Harris to serve in a hybrid counsel role, meaning Harris can make arguments in court or question witnesses if Cox prefers that she do so.

-- Maxine Bernstein

mbernstein@oregonian.com

503-221-8212

@maxoregonian