Case 3:16-cr-00051-BR

Document 1381

Filed 10/03/16

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON
PORTLAND DIVISION

UNITED STATES OF AMERICA,

Plaintiff,
v.
AMMON BUNDY, et al.,

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3: 16-cr-00051-BR

DECLARATION

~~~~~~~~D=e~f.~en~d~a~n~ts~~~~~~-)

I make this declaration to supplement my declaration of August 4, 2016 [doc # 982]

regarding issues of pretrial detention.

Defendant Ammon Bundy has moved for a stay of

proceedings contending, in part, that his detention during trial places undue restrictions on his ability
to meet with counsel to prepare and participate in his defense. [doc# 1360]
As described previously in my declaration of August 4, 2016, this court has made special
arrangements with the U.S. Marshal Service to accommodate contact visits between the custodial
defendants in this case and their legal counsel in the secure area of the federal courthouse. The
USMS has accommodated approximately 20 such sessions, many of them full day meetings
involving the custodial defendant, counsel, a paralegal support person, and access to a computer with
internet connection and cell phones. With respect to defendants Ammon Bundy and Ryan Bundy,
I directed the USMS to pe1mit them the additional privilege of participating in these meetings
together with both their legal teams.
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DECLARATION

Case 3:16-cr-00051-BR

Document 1381

Filed 10/03/16

Page 2 of 2

I directed counsel for the custodial defendants to make mrnngements for these meetings
through my office. I indicated that for this atTangement to work, they would need to provide
adequate advance notice so that my staff could contact the USMS and anange for transportation of
their clients. I also directed counsel to bring any issues regmding pretrial detention to me for
resolution.
The special anangement with the Marshal has been available to defendant Ammon Bundy
since early June and remains available to him ifhe chooses to take advantage of it. He met with his
legal team on this basis twice in July and twice in August. In addition, his counsel requested a
meeting on July 29, but did not appear when the USMS made Mr. Bundy available. On September
12, at 4:30 p.m. Mr. Bundy's counsel requested a meeting on the next business day. Despite the
short notice, my staff was able to make arrangements with the USMS, but counsel did not appear to
meet with Mr. Bundy when the USMS made him available. On the afternoon of September 29, a
paralegal on Mr. Bundy's legal team sent a request for a meeting the following day. The Marshal
did not have sufficient time to make arrangements for this late request, but I offered to arrange a later
meeting. Mr. Bundy's legal team has not responded to that offer. Today I left a message for Mr.
Bundy's paralegal to meet personally with me to discuss these matters, but so far he has not
responded
Dated:

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DECLARATION

October 3, 2016