Judge declines to dismiss conspiracy, firearms charges in Oregon standoff

[struggle4progress]

By Maxine Bernstein | The Oregonian/OregonLive
on June 03, 2016 at 6:14 PM
updated June 03, 2016 at 7:52 PM

... The judge's decisions follow legal arguments last month in which defense lawyers had urged the court to dismiss the allegations, contending they were unconstitutionally vague or broad, or that the federal government did not have jurisdiction over the wildlife sanctuary in eastern Oregon.

In written orders filed Friday, the judge dismissed those defense motions. Brown, though, has yet to rule on the third count of the federal indictments – using and carrying a firearm in the course of a crime of violence ...

... Brown found that the conspiracy charge -- which requires the showing of an agreement between two or more people to prevent a federal officer from discharging his or her duties by force, intimidation or threat -- is "sufficiently well-defined'' to be understood by people of "common intelligence'' ...

Regarding count 2 of the indictments -- possession of a firearm or dangerous weapon in a federal facility, the judge found that it's not vague, and is sufficiently well-defined to put defendants on notice that such alleged behavior is criminal ...

http://www.oregonlive.com/oregon-standoff/2016/06/federal_judge_charges_of_consp.html

[passiveporcupine]

1. thank you judge

It's time to give these guys a message that this won't be tolerated any more.

[L. Coyote]

2. OPB has this

Federal Judge Upholds Charges Against Wildlife Refuge Occupiers
by OPB Staff OPB | June 4, 2016

.....
The charges in question included conspiracy to impede federal employees and the use or carry of a firearm in a violent crime. Defense lawyers said federal prosecutors have applied the statute to the occupation when it was actually intended to be used in crimes such as armed robberies.

Judge Anna Brown dismissed the defense motions but has yet to rule on the firearms charge, which carries the most severe penalty, according to court documents filed Friday.

Brown disagreed with defense attorney Amy Baggio’s assertion that the conspiracy charge is unconstitutionally vague, saying it “does not regulate or chill speech otherwise protected by the First Amendment.”

Ammon Bundy and 25 other defendants face numerous charges in the case, stemming from the 41-day occupation ................