Emergency Motion To Enjoin Prosecution, Dismiss With Prejudice, And Other Relief
-2- property they possessed prior to the government’s unlawful actions dispossessing them of that land and property, to suppress all evidence obtained by the government from the occupation site after Mr. Bundy was arrested on January 26, 2016, and for the other relief set forth below. This motion is brought pursuant to Fed. R. Crim. P. 12(b)(2), and the other authority set forth below, the attached declaration of Dr. Angus McIntosh, and the Ninth Circuit’s recent decision in
United States v. McIntosh
, 2016 WL 4363168, at *8 (9th Cir. Aug. 16, 2016), which upheld a defendant’s right to challenge – prior to trial – criminal prosecution on separation of powers and/or federalism principles, including by injunction, when the executive branch is acting in direct violation of an express and clear restriction passed by Congressional legislation. The timing of this motion is based on good cause, as the government only disclosed this information on September 9, 2016, notwithstanding the importance of the issue from the outset of this case, to say nothing of Defendant’s repeated challenges to the issue of jurisdiction and ownership, and the Court’s prior rulings, which as it turns out were in error due, at least in part, to the government’s failure to provide the information previously.
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As trial is set for tomorrow morning, Defendant seeks this Court’s immediate attention and, if necessary, an order staying the commencement of trial proceedings in order to address and resolve this matter appropriately. CERTIFICATE OF CONFERRAL When Mr. Bundy’s counsel raised these issues with the government, it indicated that it intends to oppose this motion. Dated this 12th day of September, 2016.
/s/ Marcus R. Mumford
Marcus R. Mumford J. Morgan Philpot Attorneys for Ammon Bundy
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That “a federal court lacks subject-matter jurisdiction may be raised by a party … at any stage in the litigation.” United States v. Jacobo Castillo, 496 F.3d 947, 952 (9th Cir. 2007).
Case 3:16-cr-00051-BR Document 1248 Filed 09/12/16 Page 2 of 14
