United States District Court, D. Oregon
C. COUGHENOUR UNITED STATES DISTRICT JUDGE
matter comes before the Court on Defendant's motion to
dismiss Count 1, (Dkt. No. 9), and motion to dismiss all
counts, (Dkt. No. 11), and the Government's motion for a
bench trial (Dkt. No. 10). Having thoroughly considered the
parties' briefing and the relevant record, and oral
argument heard February 15, 2017, the Court hereby GRANTS the
Government's motion for a bench trial, (Dkt. No. 10),
DENIES Defendant's motion to dismiss all counts, (Dkt.
No. 11), and GRANTS Defendant's motion to dismiss Count
1, (Dkt. No. 9), for the reasons explained herein.
Marcus Mumford represented Mr. Ammon Bundy in a criminal
trial occurring in the District of Oregon from September 7,
2016, until October 27, 2016, when the jury returned a not
guilty verdict. (Dkt. No. 11 at 2; Dkt. No. 17 at 1.)
Defendant's client had been detained on the underlying
matter in the District of Oregon, (Dkt. No. 17 at 2), but
there was also a separate order of detention against Mr.
Bundy in the District of Nevada for different charges.
(Id.; Dkt. No. 17-1 at 2-3); see also United
States v. Bundy, et al., Case No. 2:16-CR-00046 (D.
the acquittal of his client, and dismissal of the jury,
Defendant stood to argue for the immediate release of Mr.
Bundy. (Dkt. No. 11 at 5; Dkt. No. 11-4 at 5.) The Honorable
Anna Brown, United States District Judge, informed Defendant
that Mr. Bundy was released as to the charge in Oregon, but
that he was still subject to the hold by the District of
Nevada. (Dkt. No. 11-4 at 5.) According to the transcript,
Defendant's exchange with Judge Brown became heated, and
she admonished Defendant, “Mr. Mumford, you really need
to not yell at me now or ever again.” (Id. at
6.) Defendant argued that unless he was shown a warrant or
additional paperwork, he was instructing his client that he
was free to leave the courtroom.
THE COURT: What I'm saying is that the marshals-the
marshals have a hold-notice of a hold from Nevada, and
you're going to need to take up those issues with Nevada
and the marshals. Not with me.
MR. MUMFORD: And what I'm saying is if they have papers,
an arrest warrant for Mr.-Mr. Bundy, to transport him, then
I'm happy to see that; but until I do, my instruction to
him is he is free to leave.
THE COURT: Well, he can do what he wishes, but he's in
the marshals' custody right now, and he needs to go back
with them right now to the jail because of the hold.
MR. MUMFORD: No, he does not. He is free.
THE COURT: Mr. Mumford, you can take it up to a higher court
now. Take Mr.- MR. MUMFORD: He's free, Your Honor.
THE COURT: Mr. Mumford-
MR. MUMFORD: He has beaten these- U.S. MARSHAL: Stand down.
(Id. at 6-7.) Shortly thereafter Judge Brown
instructed everyone to back up. (Id. at 7.)
Defendant continued to argue at which point Judge Brown
stated “I'm not going to argue with you. We are in
recess.” (Id.) The Marshals then moved in to
take Mr. Bundy into custody. It appears from the transcript
and the courtroom video that Defendant interfered with the
Marshals taking his client into custody.
U.S. MARSHAL: Come to the fourth floor, and we will show you
U.S. MARSHAL: We'll show it to you.
MR. MUMFORD: No. No. He is free right here and ...