Case 3:16-cr-00051-BR

Document 1254

Filed 09/12/16

Page 1 of 3

J. Morgan Philpot (Oregon Bar No. 144811)

Marcus R. Mumford (admitted pro hac vice)
405 South Main, Suite 975
Salt Lake City, UT 84111
(801) 428-2000
morgan@jmphilpot.com
mrm@mumfordpc.com
Attorneys for Defendant Ammon Bundy
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
UNITED STATES OF AMERICA,
Plaintiff,
v.
AMMON BUNDY, et al,
Defendants.

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

MOTION TO FILE OVERLENGTH
MEMORANDUM IN SUPPORT OF
DEFENDANTS EMERGENCY MOTION
TO ENJOIN PROSECUTION, DISMISS
WITH PREJUDICE, AND OTHER RELIEF
The Honorable Anna J. Brown

Defendant Ammon Bundy moves the Court for leave to file a memorandum that is
approximately eleven and a half, as opposed to ten, pages in support of his contemporaneously
filed Emergency Motion To Enjoin Prosecution, Dismiss With Prejudice, And Other Relief.
The Courts Order of April 11, 2016, set page limits for motions in this matter but
allowed for a party to seek permission to file overlength motions based on a showing of good
cause. The motion at issue raises critical developments, in the facts and recent Ninth Circuit
authority, which have been central to this case from the outset but ripened in large part as a result
of the governments last minute filing, on September 9, 2016, which contradicted and/or clarified
factual and legal matters related to federal subject matter jurisdiction and land ownership, raising
significant and new legal issues, including recent authority from the Ninth Circuit confirming a
defendants right to have these issues resolved before trial commences. United States v.
McIntosh, No. 15-10117, 2016 WL 4363168, at *8 (9th Cir. Aug. 16, 2016).

Case 3:16-cr-00051-BR

Document 1254

Filed 09/12/16

Page 2 of 3

Because of the central importance of these issues, since learning of the governments
filing late Friday, Defendants legal team has been working almost around the clock, including
after midnight hours, Sunday, and even the day before trial when other essential trial
preparations are also needed because the change in circumstances caused by the governments
filing, is paramount. As such, Defendant has endeavored to briefly but concisely present the new
issues and represent newly relevant issues and has worked with two property law and land title
experts to bring the necessary analysis of the situation to the court. Despite best efforts, given the
time involved, and the urgency of presenting this to the court as immediately as he can, Mr.
Bundys memorandum is approximately a page and a half over the ten-page limit, and in the
context of the present time table, and the need to present these issues now Mr. Bundy
respectfully requests that the court allow this over-length memorandum.
Mr. Bundy is also including an exhibit from Dr. Angus McIntosh, because the exhibit
represents more than 20 hours of work since Friday, of two PhD level experts, summarized and
reviewed by Mr. McInosh, directly responsive to the governments newly produced evidence and
the basic legal principles at issue. The purpose of this material is the assist the court in quickly
realizing that this issue is paramount and despite the inconvenience otherwise that these issues
must be given immediate attention, even if it means a temporary delay in starting trial, because at
this point Defendants rights, including clear due process rights and Defendants challenge to the
courts jurisdiction are so clearly raised and presented that to proceed otherwise would be a
grave injustice.
Undersigned counsel represents in good faith that the issues addressed in the
memorandum are both important and lengthy by nature and, on the unfortunate circumstance
where appellate review is necessary, it is essential that a complete record be offered and entered

Case 3:16-cr-00051-BR

Document 1254

Filed 09/12/16

Page 3 of 3

on these important arguments. Under these circumstances, Defendant respectfully requests that
the Court permit Defendants over-length memorandum to both create an adequate record and to
sufficiently present facts and argument on the issues and arguments raised.
DATED: September 12, 2016
/s/ Marcus R. Mumford
Marcus R. Mumford
J. Morgan Philpot
Attorneys for Ammon Bundy