Case 3:16-cr-00051-BR

Document 1433-1

Filed 10/14/16

Page 1 of 3

DAVID T. MCDONALD
David T. McDonald, P.C.
Courtroom Lawyer
david@mcdonaldpc.com
OSB #862430
833 SW 11th Ave., #625
Portland, Oregon 97205
(503) 226-0188
Attorney for Jerry Moore/Friends of Malheur Wildlife Refuge
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
UNITED STATES OF AMERICA,
Plaintiff,

NO.

3:16-cr-00051-BR

V.
RYAN BUNDY

FRIENDS OF MALHEUR
WILDLIFE REFUGE MOTION
TO QUASH SUBPOENA DUCES
TE CUM
Defendants.

Comes Now, Mr. Jerry Moore and Friends of the Malheur Wildlife Refuge
(FMWR), by and through their attorney, David T. McDonald, and makes a special appearance to
move this Court pursuant to Fed. R. Crim. P. 17 for an order quashing the attached Subpoena
Duces Tecum issued by defendant Ryan Bundy to FMWR Executive Director Tim Blount or
Secretary Jerry Moore upon the grounds and for the reasons that: 1) the records and documents
sought by the subpoena are not evidentiary and not relevant, 2) that the application is not made in
good faith and is intended as a "general fishing expedition", 3) the subpoena duces tecum is
overbroad and lacks specificity such that it cannot be determined what relevancy claims that Mr.
Bundy intends to make as to the records if disclosed and 4) the disclosure of the information
contained in the documents could lead to harassment and intimidation of those individuals listed
Page 1 - FRIENDS OF MALHEUR WILDLIFE REFUGE MOTION TO QUASH SUBPOENA
DUCESTECUM

Case 3:16-cr-00051-BR

Document 1433-1

Filed 10/14/16

Page 2 of 3

within the records.

In the alternative, the subpoenaed parties move the Court to require Mr. Bundy to
make his request more definite and certain and request that the Court conduct an in camera
inspection of the documents prior to any disclosure to any party and, should the Court find that
some of the subpoenaed records have relevance and evidentiary value, then redact the remainder
of the documents and issue a protective order that prevents further disclosure of the records.
This motion incorporates the arguments set forth in the Government's Motion to
Quash (Document #1419) and is supported by the attached affidavits ofChris Gardner and Jerry
Moore.
Respectfully submitted this 14th day of October 2016.

of the Malheur

Page 2 - FRIENDS OF MALHEUR WILDLIFE REFUGE MOTION TO QUASH SUBPOENA

DUCESTECUM

Case 3:16-cr-00051-BR
Case 3:16-cr-00051-BR

AO89 (ltcv.0&/09)S~ato

Document 1433-1
Document 1419-1

Filed 10/14/16
Filed 10/12/16

Page 3 of 3

Page 1 of 1

TeilifyQta Hwin&or Tlitl in CiJmfnalCaso

UNITED STATESDISTRICTCOURT
for the

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)
)

.UnitedStates of America
v,
Ryan Bundy

.,
Case No. 3:16-c~-00051-BR.PJt
Defendants

)
Defendant

7HEARING 0~ T'f1t:IN A CRlMIN~ JJ~ ) - Jfr./rt r/d":>t1-f/'1,t;(jieur ;v~f,ttvi~/Mtcrr1r~ .;c.ervye

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J,e-J'r-; [Vlf/dJe_
.
SUBPOENATO TESTIFJ jT

To;

d,

YOU ARE COMMANDEDto appearin tlle United States districtcourt at the time, date, and place shown
below to testify in this criminal case. Whenyou arrive,you must remainat the court until the judge ot a court officer
allowsyou to leave.

CourtroomNo.:
Date and Time:

C) C

Youmustalso bring with you the fpllowingdocuments,electronicallystored inforyiation,or pbjects (blank/fM(

applicab/4):

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be?t--sht(j~ f'(/;?ter-s

dc;vit)..,,'tt'tJYl.r~ctJt-d;;,

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Exhibit 1

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Fc,fr,uerm .bers

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