Citizens for Constitutional Freedom

Citizens for Constitutional Freedom (C4CF), later also known as People for Constitutional Freedom (P4CF), was the name taken on January 4, 2016, by an armed private U.S. militia that occupied the U.S. Fish and Wildlife Service's Malheur National Wildlife Refuge headquarters in the U.S. state of Oregon from January 2 to February 11, 2016. The leader of the organization was Ammon Bundy, son of Cliven D. Bundy, who engaged in a standoff with the federal government over grazing rights on federal land.
Eight of its members, including Ammon Bundy, were arrested on January 26, 2016 while a ninth member, Robert "LaVoy" Finicum, was shot and killed by law enforcement officers. This was followed by a number of other arrests that eventually culminated in the end of the occupation. A total of 27 people were charged under federal law with a variety of offenses, including a single count of felony conspiracy. Their trials were scheduled to start on September 7, 2016, and February 14, 2017.
During the occupation, the militia group claimed that the United States Constitution allows the federal government of the United States to own only a small amount of land, and that the government can acquire land in states only with the state's consent. Such claims have been repeatedly rejected by federal courts, including the United States Supreme Court; the property clause of the United States Constitution grants plenary authority to Congress to manage federal property, including land.
Known members.
A total of at least 34 people from 13 states are known to have served roles in the group during the occupation. Some have had a history of criminal activity and prior involvement in right-wing activism. They are:
Others.
The following militants were reported as avoiding arrest and prosecution related to the occupation:
Motives for the occupation.
The motivation for the occupation was the control and use of federal lands, which the militants wanted transferred to private ownership or to Harney County, Oregon, control. There is a long history of conflicting interests between different citizens on federal lands, specifically in this case between ranchers and environmentalists. Ranchers have a long history of using federal lands to graze livestock, which was unregulated until the enactment of the Taylor Grazing Act of 1934. Overgrazing can damage or destroy habitats for the livestock themselves and for wildlife. Environmental restrictions like the National Environmental Policy Act of 1969 and the Endangered Species Act of 1973, intended to protect wildlife and the environment, have been increasing over time, placing a burden on ranchers or even putting them out of business. A specific, relevant example was the case of Cliven Bundy, the father of militant Ammon Bundy. In that case, the government determined that Bundy's cattle were damaging the habitat of the desert tortoise, an endangered species. He was subsequently ordered to greatly reduce the number of cattle on federal rangeland on which he had grazing rights, but Bundy refused and also stopped paying grazing fees. The government began removing the trespass cattle, resulting in the 2014 Bundy standoff. Similarities were drawn between the occupation and the Sagebrush Rebellion and wise use movements.
Ammon and Ryan Bundy are members of the Church of Jesus Christ of Latter-day Saints (LDS Church). They and some of the other militants have cited the Mormon scripture as justification for defying government authority. After the occupation began, the LDS Church issued a statement, strongly condemning the seizure and that the armed occupation can in no way be justified on a scriptural basis. Alex Beam describes the Bundys as "Mormon religious fanatics."
Cliven Bundy has frequently made references to the Book of Mormon in his conflicts with the United States government for years. According to Oregon Public Broadcasting (OPB), during the family's 2014 standoff, Bundy used banners quoting Captain Moroni: "In memory of our God, our religion, and freedom, and our peace, our wives, and our children." Ammon Bundy used much of the same language as his father, "mixing Mormon religious symbolism with a disgust of the federal government," according to OPB reporter John Sepulvado. One member of Ammon's militant group refused to give any other name to the press than "Captain Moroni, from Utah" and was quoted as saying, "I didn't come here to shoot I came here to die."
In an op-ed, Chris Zinda of "The Independent", published in St. George, Utah, references a relevant work:
Many people do not know that Cliven Bundy, along with his former neighbor Keith Nay, self-published a book titled 'Nay Book' that is a combination of LDS theology and Skousen constitutional theory. Written in the late 1990s, it is the revelatory playbook that Cliven used in 2014 in Bunkerville and that his sons used in Malheur in 2016. It is a vivid example of how his 1950s–80s John Birch Society/Skousen indoctrination formulated his adulthood opinions that have since been passed on to his posterity and beyond.
Before, during, or after the occupation, several militants and a few reported visitors to the refuge espoused connections or used language commonly used by the sovereign citizen movement. Also during the occupation, one visitor, a self-proclaimed judge from Colorado named Bruce Doucette, announced that a "citizens grand jury" would be convened, a common tactic of sovereign citizen groups. Ryan Bundy's court filings have been noted to contain sovereign citizen rhetoric, while Shawna Cox explicitly claimed to be a "sovereign citizen" in a filed countersuit.
Criminal charges against militants.
, 27 people involved in the occupation have been charged under federal law; of those, 26 have been indicted for a single federal felony count of conspiracy to impede officers of the U.S. from discharging their official duties through the use of force, intimidation, or threats. A number of those under indictment on the conspiracy charge are also charged with a variety of other counts, some of which incur sentences up to life imprisonment, including possession of firearms and dangerous weapons in federal facilities, use and carry of firearms in relation to a crime of violence, depredation of government property (relating to damaging the site "by means of excavation and the use of heavy equipment"), and theft of government property. In addition, several of those under indictment in Oregon have also been indicted separately for their roles in the 2014 Bundy standoff in Nevada.
The indictees and their initial charges were:
Notes:
Penalties for the offenses are as follows:
Legal proceedings.
Pretrial court appearances.
January–February 2016.
Ammon Bundy, Ryan Bundy, Ryan Payne, Dylan Anderson, and Jason Patrick all appeared in court on January 29. Ammon Bundy stood in court and explained the motives of the occupation to U.S. Magistrate Judge Stacie F. Beckerman, saying that "[his] only goal from the beginning was to protect freedom for the people." However, he and the other militants were denied bail, with the judge saying she would not release them while the occupation continues.
Shawna Cox was released on bail on January 29 and ordered to home detention with extensive conditions. Nineteen days later, she filed a countersuit against the U.S. government in the U.S. District Court for the District of Oregon. In it, she claimed to be a "sovereign citizen" instead of "a subject of corporate United States of America" and accused any judge who is a member of a state bar association or the Federal Bar Association of being "Foreign Agents operating subversively within United States." Her suit demanded "damages from the works of the devil in excess $666,666,666,666.66." The document was quickly dismissed by a judge, saying that her claims were "not cognizable in this criminal proceeding and will not be addressed in this case." During her home detention, she made online statements about the case and urged people to travel to Montana and provide shelter for militant Jake Edward Ryan, who had been on the run from federal authorities at the time.
Duane Ehmer was released on home detention on February 4 and is being monitored via GPS. He was released from jail on February 5 after it was ruled that his connections to Irrigon were strong and that he did not pose a flight risk.
David Fry, Sean and Sandra Anderson, and Jeff Banta, the last four militants to surrender in the occupation, appeared in court on February 12, a day after their surrender. Also appearing were militants Darryl William Thorn and Geoffrey Stanek. They were all charged with several offenses, with all six pleading not guilty. Stanek claimed that he had gone to the refuge to act as a medic and that he had been cooperating with the investigation, though U.S. District Judge John V. Acosta expressed concerns about him being armed during the occupation and the fact that he had been armed during his arrest.
Also on February 12, Wesley Kjar appeared in federal court in Salt Lake City, Utah, while Blaine Cooper made a separate court appearance in St. George, Utah. Kjar was denied release from jail with conditions on February 16 after being judged as a flight risk and a danger to the community.
Sandra Anderson was released from jail on February 19 under the conditions that she remain in her home state of Idaho unless she needed to make court appearances in Oregon; would not make any contact with the other militants, including her husband; and not possess any firearms. She was also ordered to undergo a mental health evaluation. She was released after U.S. Magistrate Judge Janice M. Stewart ruled that she is not a flight risk because she has no criminal history and has held a steady job.
Ten of the jailed militants, including Ammon Bundy, appeared in court on February 24, when U.S. District Judge Anna J. Brown stated that she would push to try them on the federal conspiracy charges as soon as possible. During the hearing, several of the militants challenged her assertions; and two of them, Ryan Bundy and Kenneth Medenbach, expressed their wishes to represent themselves. Bundy and Medenbach's requests were later granted by Judge Brown.
Jeff Banta was released from jail on February 26 under the conditions that he would not make any contact with the other militants and not make any statements in support of illegal activity.
March–May 2016.
On March 29, a federal judge lifted Shawna Cox's home detention and replaced it with a curfew under the condition that she not make any public comments regarding the case.
On April 19, Kenneth Medenbach was convicted by a federal court in Eugene, Oregon, of unlawfully occupying and camping on federal public land managed by the BLM in Josephine County, Oregon, in 2015.
On April 28, some of the lawyers of the militants began urging the court to dismiss certain counts specified in the February indictment. They claimed that the federal conspiracy charge was "unconstitutionally vague" and that the firearm charge is inadmissible because a violent crime wasn't committed during the course of the occupation.
The militants' lawyers began expressing concerns about an impartial jury during the actual trial on May 4. One lawyer "suggested the possibility of change of venue, and asked a federal judge to approve funding for an analysis of the media attention the case received and, possibly, a survey of community attitudes." U.S. District Judge Anna J. Brown did not respond to the suggestion, but it was reported that she was "more agreeable" to have jurors originate from different areas throughout Oregon rather than just Portland, which was the original plan.
On May 11, Jason Patrick was allowed by Judge Brown to represent himself in his case, though his request to not have standby counsel was denied.
On May 12, Scott Willingham pleaded guilty to one of two counts of theft of government property filed against him, being the first of the militants to submit a guilty plea. Under a plea bargain, Willingham will face six months in prison, followed by two years of supervised release, and he also agreed to undergo a mental health evaluation and pay an unspecified amount of restitution to the U.S. government.
On May 19, Corey Lequieu pleaded guilty to conspiracy to impede federal officers as part of a plea bargain deal reached by his attorneys and federal prosecutors, being the first militant to do so. His sentencing was set for August 25, with prosecutors intending to recommend a sentence of two and a half years in prison along with a required payment of restitution to the government. In exchange for the guilty plea, prosecutors agreed to drop the weapons charges as well as charges relating to the 2014 Bundy standoff.
On May 25, Ammon Bundy's defense team filed a "notice of substitution of counsel" in the U.S. District Court for the District of Oregon, replacing attorneys Lissa Casey and Michael Arnold for Utah attorney J. Morgan Philpot.
June–August 2016.
On June 2, Jake Ryan and Travis Cox were released on bail to family members pending trial. Both men were released under the conditions that their parents report any bail violations; and that the men find employment, obey curfews and travel restrictions, and refrain from contact with militias or participation in other protests or public comment on the case. Prosecutors opposed the motion on the basis of previous attempts by the men to avoid arrest, and commented on the recent ejection of Darryl Thorn from a Donald Trump rally while on similar terms of release.
On June 7, Ammon Bundy's lawyer J. Morgan Philpot filed a "pro hac vice" special admission in the U.S. District Court for the District of Oregon to allow Utah attorney Marcus Mumford to assist him.
On June 9, Eric Lee Flores pleaded guilty to a federal conspiracy charge as part of a plea bargain deal.
On June 10, U.S. District Judge Anna J. Brown dismissed one of two firearms charges against the Bundy brothers, David Fry, Jon Ritzheimer, Ryan Payne, Brian Cavalier, Jason Patrick, and Sean Anderson. She cited that the underlying conspiracy charge does not meet the legal definition of a "crime of violence" as defined by Ninth Circuit case law.
From June 14 to June 23, Geoffrey Alan Stanek, Jason Blomgren, and Wesley Kjar all pleaded guilty to a federal conspiracy charge as part of plea bargain deals. On June 29, Brian Cavalier also pleaded guilty to a federal conspiracy charge, as well as a firearms possession charge, as part of a plea bargain deal. Cavalier's plea deal does not affect federal charges pending against him in Nevada.
On June 30, Ammon Bundy's defense team filed a motion asking for a delay for their client's September 7 trial, explaining they needed more time to prepare for the defense. In the motion, the defense team argued that several pretrial motions were not resolved and Bundy's detention "has rendered it virtually impossible for him to participate meaningfully in his defense." The lawyers also asked the court to "allow Bundy another two months to argue for his release pending trial and to help prepare his defense to challenge the federal charges." This latest action prompted Bundy's brother Ryan and other militants, on July 1, to file similar motions asking for delays in their trials. On July 6, U.S. District Judge Anna J. Brown denied Ammon Bundy's defense request for a delay in trial.
On July 7, Blaine Cooper pleaded guilty to a federal conspiracy charge.
On July 19, Ryan Payne pleaded guilty to a federal conspiracy charge for his role in the occupation, as well as three federal charges related to the 2014 Bundy standoff, as part of a plea bargain deal.
On July 20, Travis Cox pleaded guilty to a federal conspiracy charge as part of a plea bargain deal.
On August 1, Joseph O'Shaughnessy pleaded guilty to a federal conspiracy charge and is expected to do the same to federal charges related to the Bundy standoff. That same day, Kenneth Medenbach was sentenced to five years' probation for unlawfully occupying and camping on federal public land in Josephine County, Oregon, in 2015.
On August 15, Jon Ritzheimer pleaded guilty to a federal conspiracy charge as part of a plea bargain deal.
On August 22, U.S. District Judge Robert E. Jones admonished Duane Ehmer for writing a threatening post against liberal Democrats on Facebook, which has since been deleted. As a result, Jones added a new condition for Ehmer's release, to "not engage in conduct or speech that will incite others to trespass on or destroy federal property, or engage in violence."
On August 30, Judge Brown granted Ryan Bundy and Kenneth Medenbach the right to represent themselves, despite Bundy and Medenbach's repeated defiance of her rulings and willingness to violate court orders. Medenbach subsequently agreed to follow Brown's rulings and instructions in exchange. Bundy remained more defiant with this requirement and asserted he would follow rulings only as long as "they are in accordance with the law"; Brown later said she believed that he was "reserving" his right to follow rulings based on his own interpretation of the law, but decided to give him "the benefit of the doubt".
Also on August 30, David Fry's lawyer announced his intention to argue that his client suffers from schizotypal personality disorder, claiming that he had been quiet and mostly kept to himself at the refuge during the occupation until the shooting death of LaVoy Finicum. Fry's lawyer also claimed that after Finicum's shooting, Fry became paranoid that federal agents were going to come after him and escalated his actions as a result.
September 2016.
On September 6, Judge Brown approved federal prosecutors' request to dismiss the federal conspiracy charge against Peter Santilli, the only charge he faced for his role in the occupation. He later said that he was not angry over his eight-month ordeal.
On September 7, Ammon and Ryan Bundy (through Ammon's lawyers, Philpot and Marcus Mumford), filed a motion seeking to permit his client to wear "cowboy" attire in court. The U.S. Marshals Service has barred the defendants from wearing ties, boots, and belts, citing safety concerns. Denying the motion on grounds that the Bundys not showing their attire would prejudice their case, Judge Brown said Ammon was "dressed better than most people in the building, period."
Trials.
Preparation.
The trials for Bundy and six other co-defendants was scheduled to start on September 7, 2016; while a further seven co-defendants were set for trial beginning February 14, 2017. On August 3, about 1,500 potential jurors were summoned and asked to complete questionnaires that would be reviewed by the attorneys and parties involved in the September 7, 2016, trials. Judge Brown previously said the case would require an unusually large jury pool.
September 2016.
Jury selection for the first set of trials began on September 7, 2016. On that day, eleven of 31 potential jurors were excused for a variety of reasons, such as opinions regarding the occupation and also personal hardships. By September 9, 2016, 62 people were identified as potential jurors. Twelve jurors (consisting of eight women and four men) and eight alternates were selected by the end of the day. Opening statements were scheduled for September 13, 2016.
On September 12, Jeff Banta, one of the defendants for the first set of trials, had to correct Judge Brown's accidental error in leaving out firearms charges while recounting the charges against him. He also said he traveled to the refuge on January 25 to help bring attention to the Hammond arson case, an issue raised by the militants during the occupation's first days. He added that he also wanted to work on the Hammond ranch while Dwight and Steven Hammond were still imprisoned.
On September 13, opening statements were given, with a line of about a dozen people present outside the courthouse. The prosecution argued that Ammon Bundy and the other militants were leading an armed occupation of the refuge and not a political protest. The defense argued that the militants were not intending to interfere with refuge activities, but to restore local control of lands in the Western United States, as they were frustrated by the federal government's grazing and water rights restrictions on public land.
On September 14, Sheriff David Ward, who was the lead local law enforcement official during the occupation, was the first to testify against the militants.
Sentencing.
On August 16, Corey Lequieu became the first defendant to be sentenced in the federal conspiracy case against the militants. Judge Brown sentenced him to two-and-a-half years in prison, followed by three years of supervised release, and also ordered him to pay restitution. Though the conspiracy charge carried a maximum of six years' imprisonment, his sentencing was recommended by prosecutors as part of the plea bargain deal he reached, and decided after the government considered the fact that Lequieu was the first militant to take responsibility.