Case 3:16-cr-00051-BR

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Shawna Cox
1031 South Monument
Kanab, Utah 84741
Phone: 435-899-0300
Fax: 435-644-5371
Email: utazpatriots@gmail.com
In Propria Persona, Sui Juris
IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF OREGONPORTLAND DIVISION1
UNITED STATES OF AMERICA,
Plaintiff,
v.
Bundy, et al,
Defendants.

Case No. 3:16-cr-00051-BR

SHAWNA COXS MEMORANDUM IN SUPPORT
OF MOTION TO STRIKE PLAINTIFF JUDICIAL
NOTICE REGARDING THE OWNERSHIP
MALHEUR WILD LIFE REFUGE, Dkt.# 1230,
Dkt.# 1230-1 and Dkt# 1230-2.

SHAWNA COXS MEMORANDUM IN SUPPORT OF MOTION TO

STRIKE PLAINTIFF JUDICIAL NOTICE REGARDING THE OWNERSHIP
MALHEUR WILD LIFE REFUGE
A. Certificate of Conference
1) I certify that I was unable to confer with United State Attorney Ethan Knight about this motion
before filing because it was finished early this morning before business hours and there was not
enough time to confer. I am very sure he is opposed to this motion, as he has been to all the
defendants motion thus; thus, this requirement is an idle act in a criminal process.
Lex non praecipit inutilia, quia inutilis labor stultus. The law commands not useless
things, because useless labor is foolish. Co. Litt. 197
1

Note: Under Title 18 U.S.C. 3232 the correct court is the United States Court for District and Division is Pendleton.
Proceedings to be in district and division in which offense committed. (United States Code Title 18, 3232)
SHAWNA COXS OF MOTION TO STRIKE JUDICIAL NOTICE REGARDING THE
OWNERSHIP MALHEUR WILD LIFE REFUGE, Dkt.# 1230, Dkt.# 1230-1 and Dkt# 1230-2
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2) First, this motion is timely on two points 1) that the issue goes to jurisdiction which can be
challenged any time.
Jurisdiction can be challenged at any time. Basso v. Utah Power & Light Co., 495 F
2d 906, 910. There is no discretion to ignore lack of jurisdiction. Joyce v. United
States, 474 2D 215. The burden shifts to the court to prove jurisdiction. Rosemond v.
Lambert, 469 F 2d 416 Court must prove on the record, all jurisdiction facts related to
the jurisdiction asserted. Latana v. Hopper, 102 F. 2d 188; Chicago v. New York 37 F
Supp. 150 The law provides that once State and Federal Jurisdiction has been
challenged, it must be proven. State of Maine, v. Thiboutot, 448 U.S. 1 (1980)
3) Second, this motion is timely because the Court just took Judicial Notice on September 22, 2016.
4) Upon closer examination the noticed documents, they were found be clearly without any
certification i.e., public records, nor are the copies complete missing pages; nor do the copies
appear to be correct copies of the original documents. (See Exhibit 1, annotations calling out some
of the points made .)
5) Shawna Cox, Defendant in error asks the Court to strike the following documents as Fraud on the
Court:
a) Declaration of Charles Houghten (Dkt. # 1230) (See attending Exhibit 2)
b) Exhibit #3 (Dkt # 1230-1)
c) Exhibit #3 (Dkt. # 1230-2)
6) Defendant Shawna Cox, asks the Court to resend its Order granting Judicial Notice of the
Government request for Judicial Notice of the deficient declaration of Charles J. Houghton, and
attending exhibits.
A. Introduction
7) 1) Plaintiff charged defendant and twenty-five (25) co-defendants by COMPLAINT (Dkt. 1)
followed by INDICTMENT (Dkt. 58) and then SUPERSEDING INDICTMENT (Dkt. 250,

SHAWNA COXS OF MOTION TO STRIKE JUDICIAL NOTICE REGARDING THE

OWNERSHIP MALHEUR WILD LIFE REFUGE, Dkt.# 1230, Dkt.# 1230-1 and Dkt# 1230-2
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282) for alleged violations of title 18 U.S.C. 372, 930(b), 924(c)(1)(a) (stricken by court) 641,
1361, & 2.
8) Plaintiff the in error United States of America2 (USA) has no constitutional or statutory
authority to prosecute a criminal action. Notice after good faith search regarding the power of
the President of the United States to prosecute a criminal action under the Constitution; there
appears authority for Presidential or executive power to prosecute a criminal action in the several
States.
9) On Plaintiff caused to be files the Declaration of Charles Houghten (C.H. Decl.) a two-page
declaration.
10) Attending the C.H. Decl. was two exhibits.
11) Exhibit 1 (Dkt. #1230-1. Pg. 1) purports to be a copy of a sale agreement between EASTERN
LIVE STOCK COMPANY (ELSC) a corporation organized and existing under the laws of the
State of Oregon. Note the territory reference was to the State of Oregon; as distinguished from
the District of Oregon.
a) This document purports to be a twelve-page copy of a sale agreement between ELSC and the
United States of America yet only part of the document is represented in the exhibit.
b) Exhibit 1, has six pages, the first four pages (1-4) (original document pages 1, 9.10, 11 & 12)
appear to be part of the agreement, the fifth page purports (page 12 of original document, a
notary page) and the last page (6) titles WARRENTY DEED may be cover jacket or
envelope.

United States of America. The nation occupying the territory between British America [Canada] on the north, Mexico on
the south, the Atlantic Ocean and Gulf of Mexico on the east, and the Pacific Ocean on the west; being the republic whose
organic law is the constitution adopted by the people of the thirteen states which declared their independence of the
government of Great Britain on the fourth day of July, 1776. (A LAW DICTIONARY, ADAPTED TO THE
CONSTITUTION AND LAWS OF THE UNITED STATES OF AMERICA AND OF THE Seberal States of the American
Union: with reference to the Civil and other systems of Foreign Law, By John Bouvier, 14th Ed. Revised and Greatly
Enlarged. Vol. II, pg. 622. Col. 1) [Seberal and old English font in original]

SHAWNA COXS OF MOTION TO STRIKE JUDICIAL NOTICE REGARDING THE

OWNERSHIP MALHEUR WILD LIFE REFUGE, Dkt.# 1230, Dkt.# 1230-1 and Dkt# 1230-2
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c) Whatever it is appears to have an old certification page and indicates it is in Book 36, at page
437.
12) Defendant asks the Court to strike the objectionable summary-judgment evidence that was
submitted as an offer of proof regarding ownership of the Malheur National Wildlife Refuge
(MNWR).
B. Argument
13) Plaintiff relies on the defective declaration of Charles H. Houghten (Houghten) (Dkt. #1230)
which on its face appears deficient.
14) A court can strike a declaration if it is not based on personal knowledge, if it sets out facts that
would not be admissible in evidence, or if it does not show that the declarant is competent to
testify on the matters stated. Fed. R. Civ. P. 56(c)(4).
15) The court should strike any portions of a declaration that do not meet the standards of Federal
Rule of Civil Procedure 56(c)(4).
16) The Court should strike the declaration and attending exhibits as follows:
a) First, Plaintiff is relying a hearsay declarant that has not qualified to certify the veracity of the
documents he attaches as Exhibit 1 and 2.
(1) Houghten, provides in pertinent part: I, am as the Regional Realty Officer for the
U.S. Fish and Wildlife Service, an agency within the U.S. Department of Interior. I
have been employed by the Department of Interior since October 1980.
(2) Houghten, purports to make the declaration on personal knowledge.
(3) Further, on his bare assertion, he alleges (without any evidence to support assertion)
that he has been delegated authority from the director [unidentified person] to manage
performance of the pre-and post-land acquisition functions within the Pacific Region

SHAWNA COXS OF MOTION TO STRIKE JUDICIAL NOTICE REGARDING THE

OWNERSHIP MALHEUR WILD LIFE REFUGE, Dkt.# 1230, Dkt.# 1230-1 and Dkt# 1230-2
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of the Service. He provides no documentation to support his bare assertion that has
was actually delegated authority to testify regarding the MNWR.
(4) Houghten, (absent some form of certification he has special qualifications) is merely
a hearsay reader when he alleges MNWR is comprised of approximately 187, 167
acres . . . [1] lands reserved from the public domain, [2] lands transferred by other
agencies, and [3] lands acquired from non-federal parties.
(5) Further, Houghtens declaration is missing the required verification. An a declaration
must by verified as true under penalty of perjury. 28 U.S.C. 1746; 2010 Notes to
FRCP 56 at 15, p. 1325.
(6) The Houghten declaration purports to be based on personal knowledge, however the
documents he provides as exhibits date back to December 29, 1936 approximately
fourty-four (44) years before he avers he was employed with the Department of
Interior thus clearly he cannot testify to from first-hand-personal-knowledge regarding
the documents he proffers.
17) A court can strike summary-judgment evidence when the evidence is inadmissible, speculative,
conclusory, improperly authenticated, or otherwise incompetent. See Cooper-Schut v. Visteon
Auto. Sys., 361 F.3d 421, 429 (7th Cir. 2004); Evans v. Techs. Applications & Serv. Co., 80
F.3d 954, 962 (4th Cir. 1996); McSpadden v. Mullins, 456 F.2d 428, 430 (8th Cir. 1972);
Newport Elecs., Inc. v. Newport Corp., 157 F. Supp. 2d 202, 208 (D. Conn. 2001).
18) Moving on to the facially defective documents attached Exhibit 1.
a) First, there is no evidence these documents are true and correct copies in the public records.
There is no Clerks certification that the document presented 1) what appears to be a sale
contract made by Eastern Oregon Live Stock Company to the Plaintiff, United States of
America.

SHAWNA COXS OF MOTION TO STRIKE JUDICIAL NOTICE REGARDING THE

OWNERSHIP MALHEUR WILD LIFE REFUGE, Dkt.# 1230, Dkt.# 1230-1 and Dkt# 1230-2
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b) Page 1 of 6, this is clearly an incomplete document, as superimposed annotation Page 1 of 6

appears to be page one (1) of the original document Case File Page 61 of 338 and an
additional bates number 1650.
c) Page 2 of 6 appears to be page nine (9) of the original document; thus clearly missing page 28 of the original document, also containing Case File Page 69 of 338 and an additional bates
number 1658.
d) Page 3 of 6 appears to be page ten (10) of the original document and also containing Case
File Page 70 of 338 and an additional bates number 1659. Note the bated number has
clearly been altered and appears to have been hand written in part.
e) Page 4 of 6 appears to be page ten (11) of the original document and also containing Case
File Page 71 of 338 and an additional bates number 1660. Note the bats number again
appears to be altered and the 1 appears to behand written.
f) Note also this appears to be signed by the Vice President on the 18th day of February 1935.
g) MOST IMPORTANT HERE IS THE PAPER CHANGES, THE COLOR, TEXTURE OF
THE PAPER IS DIFFERENT FROM PAGE 1-3.
h) THE WIDTH OF THE PAPER FROM THE PREVIOUS PAGES IS DIFFERENT AS
WELL.
i) A question for the researchers in the corporate minutes, was there a resolution in the minutes
authorizing the sale?
j) Was there a resolution in the minutes, giving the Vice President and Secretary the
authorization to sell the land to the United States?
k) Did the Treasure of United States of American pay out the $675,000.00 dollars from the
United States of America Treasure?
i) Page 5 of 6 appears to be page ten (12) of the original document and also containing
Case File Page 72 of 338 and an additional bates number 1661.
SHAWNA COXS OF MOTION TO STRIKE JUDICIAL NOTICE REGARDING THE
OWNERSHIP MALHEUR WILD LIFE REFUGE, Dkt.# 1230, Dkt.# 1230-1 and Dkt# 1230-2
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ii) First the venue statement in the top left of the document appears as altered. Note the
STATE OF OREGON (in Caps) and the County of Multnomah in lower.
iii) Second the

} appears to be altered.

iv) The Eastern Oregon Live Stock Company was centered in south east Oregon so the
question arises why was this notary used in the County of Multnomah and not Harney of
Grant County?
v) Now note that at the bottom of the page there appears to be the original document page
number 12. Is that page 12 of the original document?
vi) In the notary typed certification he notes . . . the said instrument was signed and sealed in
behalf of said corporation by authority of its board of directors.
19) Page 6 of 6 appears to be a jacket or envelope page that may have contained too original document
and it also has Case File Page 72 of 338 and an additional bates number 1662.
a) Here there appears to be a recorder certification dated the 21st of February, 1935.
b) It also indicates it was recorded in the Book of Deeds, Book 36, at pg. 437.
c) If this is the case, why is the documents not a certified true and correct copy from the
Clerk/Recorders office?
d) Absent the original documents or certified true and correct documents from the Recorders
office these documents should be stricken.
20) Moving lastly to Exhibit 2, again several questions come to mind.
a) First, where is any form of authentication, meaning where is the Clerk/Recorder certification
that this is a true and correct copy of the documents on filed?
b) Page 1 of 2, why is the #57267 (top center of page) then the PAUL C. STWUART, ET UX
document have #57287 exactly 20 pages different.
c) Page 2 of 2, again we have #57287 at the top center of page and the WILLIAM H.
CRAVEN, ET UX document have the #57290.
SHAWNA COXS OF MOTION TO STRIKE JUDICIAL NOTICE REGARDING THE
OWNERSHIP MALHEUR WILD LIFE REFUGE, Dkt.# 1230, Dkt.# 1230-1 and Dkt# 1230-2
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d) Same Page 2 of 2, the notary signature has been typed over in an entirely different font.
e) These pages one (1) and two (2) appear to have been copies of copies and may or may not be
correct copies of the original; however it is clear there is no certification regarding Exhibit 2.
21) It is plainly clear that Governments Witness Charles J. Houghten has no special qualifications thus
is a beneficially interested (government paid) witness. His declaration (de facto testimony) is not
corroborated and contains obvious contradicted facts.
22) Clearly, the Government relies on the declaration of a witness who is not qualified to render an
expert opinion under Fed. R. Evid. 702. See Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579,
592-94 (1993).
23) To introduce a copy of a document, a party should prove the following: (1) the original was lost,
was destroyed, or cannot be obtained, the opposing party had control of the original but did not
produce it, or the document is not closely related to a controlling issue in the case, (2) a copy of the
original was made, and (3) the offered document or record is a true and accurate copy of the
original. See FRE 1001(e), 1003, 1004; see, e.g., U.S. v. Stockton, 968 F.2d 715, 719 (8th
Cir.1992) (photographs of documents properly introduced as duplicates under FRE 1003); Amoco
Prod., 619 E2d at 1391 (court properly excluded "file copy" of deed that was not complete
reproduction of original). A duplicate is admissible as an original unless (1) a question is raised
about the original's authenticity or (2) the circumstances make it unfair to admit the duplicate. FRE
1003; see U.S. v. Childs, 5 E3d 1328, 1335 (9th Cir.1993); Tyson v. Jones & Laughlin Steel Corp.,
958 F.2d 756, 761 (7th Cir.1992); 31 Wright & Gold 8004.
24) The Court should strike the deficient declaration (Dkt. #1230) and attending Exhibits 1 & 2 (Dkt.
#1230-1 & #1230-2) of the Government witness Charles J. Houghten as a mere hearsay,
beneficially interested (government employee) reader with no direct personal knowledge of the
facts, and veracity of the documents presented in his declaration for but not limited to the following
reasons:
SHAWNA COXS OF MOTION TO STRIKE JUDICIAL NOTICE REGARDING THE
OWNERSHIP MALHEUR WILD LIFE REFUGE, Dkt.# 1230, Dkt.# 1230-1 and Dkt# 1230-2
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25) Charles J. Houghten un-verified declaration is not based on personal knowledge. Fed. R. Civ. P.
56(c)(4); Argo v. Blue Cross & Blue Shield of Kan., Inc., 452 F.3d 1193, 1199-1200 (10th Cir.
2006); Sellers v. M.C. Floor Crafters, Inc., 842 F.2d 639, 643 (2d Cir. 1988).
26) Charles J. Houghten, un-verified declaration purports to set out facts that would not be admissible
in evidence. Fed. R. Civ. P. 56(c)(4); Sellers v. M.C. Floor Crafters, Inc., 842 F.2d 639, 643 (2d
Cir. 1988); see Casas Office Machs., Inc. v. Mita Copystar Am., Inc., 42 F.3d 668, 682-83 (1st Cir.
1994).
a) The attending copies documents are incomplete, with clear and obvious alterations by
unknown persons.
27) Declarant Charles J. Houghten is incompetent to testify on the matters stated in the deficient
declaration. Fed. R. Civ. P. 56(c)(4).
C. Conclusion
28) For these reasons, defendant Shawn Cox asks the Court to strike sham declaration and attending
document; or in the alternative
29) Order the Government to produce the original instruments (documents) from the bona fide
custodian of the records to be sworn in open court whereby the defendant(s) can examine them
and make them available to a independent forensic documents examiners of defendants choise.
30) Absent the Governments presentation of the original instrument/document this declaration and
attending exhibits should be stricken and the Government attorneys and the sham witness should
be sanctioned to an amount sufficient to amend their bad, bad behavior.
Respectfully submitted this 12th day of September 2016.
/S/ Shawna Cox
Shawna Cox, In Propria Persona, Sui Juris.
SHAWNA COXS OF MOTION TO STRIKE JUDICIAL NOTICE REGARDING THE
OWNERSHIP MALHEUR WILD LIFE REFUGE, Dkt.# 1230, Dkt.# 1230-1 and Dkt# 1230-2
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D. Declaration/Verification
State of Oregon
County of Multnomah

Solemnly Subscribed and Affirmed

Shawna Cox, being duly sworn, deposes, and says:

I am an accused defendant in error and the declarant in the above-entitled action. I have read
the foregoing SHAWANA COXS MEMORANDUM IN SUPPORT OF MOTION TO STRIKE
PLAINTIFF JUDICIAL NOTICE REGARDING THE OWNERSHIP MALHEUR WILD LIFE
REFUGE and knows the contents thereof. The same is true of my own knowledge and, except as to
matters therein stated on information and belief, and as to those matters, I believes it to be true also.
I declare under penalty of perjury under the laws of the State of Oregon and / or the laws of the
United States of America that the foregoing is true and correct.
_________________
Shawna Cox, Declarant
In Propria Persona, Sui Juris

SHAWNA COXS OF MOTION TO STRIKE JUDICIAL NOTICE REGARDING THE

OWNERSHIP MALHEUR WILD LIFE REFUGE, Dkt.# 1230, Dkt.# 1230-1 and Dkt# 1230-2
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E. CERTIFICATE OF SERVICE
I certify that on September 27th, 2016 , a copy of SHAWNA COXS MEMORANDUM IN
SUPPORT OF MOTION TO STRIKE PLAINTIFF JUDICIAL NOTICE REGARDING THE
OWNERSHIP MALHEUR WILD LIFE REFUGE was served via efile
to United States Attorney, Billy J. Williams on September 27th, 2016.
{Circle or check one or more methods}
(A)

on the CM/ECF system, which will automatically serve a Notice of Electronic Filing

(B)

by certified U.S. mail, return receipt requested,

(C)

by U.S. mail

(D)

by personal delivery by: __________________________ at time: __________AM/PM

(E)

by fax to # __________________ at time: ___________

(F)

by common-carrier delivery by: __________________________________________

(G)

by e-mail to ethan.knight@usdoj.gov

I certify that I Tiffany Harris, am a registered CM/ECF user and that service will be accomplished by
the CM/ECF system.
AND ON:
Ethan D. Knight
United States Attorneys Office
1000 SW Third Ave., Suite 600
Portland, Oregon 97204
Telephone: (503) 727-1041
Fax: (503) 727-1117
Email: Ethan.Knight@usdoj.gov
/S/ Tiffany Harris
Tiffany A. Harris, Attorney at Law
811 SW Naito Pkwy, Suite #500
Portland, Oregon 97204
(971) 634-1818
Fax: (503) 721-9050
Email: tiff@harrisdefense.com

SHAWNA COXS OF MOTION TO STRIKE JUDICIAL NOTICE REGARDING THE

OWNERSHIP MALHEUR WILD LIFE REFUGE, Dkt.# 1230, Dkt.# 1230-1 and Dkt# 1230-2
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