Case 3:16-cr-00051-BR

Document 950

Filed 07/28/16

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KENNETH MEDENBACH
135887 Main St., PO Box 333

Crescent, OR 97733
Phone: (541) 408-8704
e-mail: kenmedenbach@gmail.com
PRO SE DEFENDANT
UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
PORTLAND DIVISION
UNITED STATES OF AMERICA,
Plaintiff,

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

MOTION TO DISMISS

vs.

KENNETH MEDENBACH,
Defendant(s).

Pro se defendant, Kenneth Medenbach, moves the Court to dismiss the

Indictment now pending against him and co-defendants. The defendant requests oral
argument.
Article 4, Section 3, Clause 2 states:
The Congress shall have power to dispose of and make all needful rules and
regulations respecting the territory or other property belonging to the United States.
In 1840, in United States v Gratiot, 39 US 526, the Supreme Court found
the term territory is merely descriptive of one kind of property; and is equivalent
to the word lands. Congress has the same power over it as over any other property
belonging to the United States; and this power is vested in Congress without
limitation and has been considered the foundation upon which the term territorial
governments rest.
Page 1 MOTION TO DISMISS (ORAL ARGUMENT REQUESTED)

Case 3:16-cr-00051-BR

Document 950

Filed 07/28/16

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In 1894, in the Supreme Court case of Shively v Bowlby, 152 US 1, the Court
held that By the Constitution, as is now well settled, the United States, having
rightfully acquired the territories, and being the only government which can impose
laws upon them, have the entire dominion and sovereignty, national and municipal,
federal and state, over all territories, so long as they remain in territorial
condition.
According to Executive Order 929:
It is hereby ordered that all smallest legal subdivisions which touch the
shoreline of Lake Malheur and Harney and the streams and waters connecting these
lakes in township twenty-five south, ranges thirty-two, thirty two and one- half, and
thirty-three; township twenty-six south, ranges twenty-nine, thirty, thirty-one,
thirty-two and thirty-three; township twenty seven-south, ranges twenty-nine,
twenty nine and one-half, thirty and thirty-two, all east of the Willamette Meridian,
Oregon, together with all islands and unsurveyed lands situated within the meander
lines of said lakes and connecting waters, as segregated by the broken line shown
upon the diagram hereto attached and made a part of this Order, are hereby reserved,
subject to valid existing rights, and set aside for the use of the Department of
Agriculture as a preserve and breeding-ground for native birds. The taking or
destruction of birds eggs and nests, and the taking or killing of any species of native
bird for any purpose, whatsoever, except under such rules and regulations as may
be prescribed by the Secretary of Agriculture, is prohibited, and warning is
expressly given to all persons not to commit within the reserved territory any of the
facts hereby enjoined, this reserve to be known as Lake Malheur Reservation.
Theodore Roosevelt, White House, August 18, 1908.

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Case 3:16-cr-00051-BR

Document 950

Filed 07/28/16

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The Malheur National Wildlife Refuge is no longer in territorial condition, it

is a preserve and breeding ground for native birds, and thus the United States
Congress can no longer impose laws, have entire dominion and sovereignty over the
Malheur National Wildlife Refuge. The United States must to dispose of these lands
either by ceding them to the State of Oregon or selling them.
Because these lands no longer remain in territorial condition, the federal
governments exercise of jurisdiction in this matter is unlawful. The indictment now
pending against Kenneth Medenbach and co- defendants should be dismissed and
those in custody, released, immediately.
Respectfully submitted on July 27, 2016

Kenneth
Medenbach
Kenneth Medenbach
Pro Se Defendant.

Page 3 MOTION TO DISMISS (ORAL ARGUMENT REQUESTED)