Ryan Bundy, one of the leaders of the Malheur National Wildlife
Refuge occupation, issued a subpoena this week to compel testimony from
Oregon's top government official related to his criminal trial.
Bundy, who is representing himself for his Sept. 7 trial, sent the subpoena to Oregon Gov. Kate Brown on Tuesday.
It
not only demands that she testify in the case, but that the governor's
office produce "any and all emails and memos between the Governor's
Office and law enforcement, FBI or any other agencies" related to the
occupation that haven't been produced yet.
Oregon Department of Justice attorney Marc Abrams asked U.S. District Judge Anna Brown to quash the motion Thursday.
As
a matter of compliance, Abrams points out that Bundy has requested the
governor to testify on Sept. 17 — a Saturday. He said that makes it
impossible for Brown to comply because court isn't in session that day.
Speaking to the merits of the subpoena, Abrams argued that Bundy's request fails to show why Brown is needed to testify.
"There
is no basis to believe that the Governor of Oregon has information
pertinent to Mr. Bundy's guilt or innocence," Abrams wrote in a court
filing.
The state attorney further argued it's a well-established
precedent that high ranking officials only need to testify in court if
there are "extraordinary circumstances." Abrams said without that
protection, officials like state governors could be the subject of
regular harassment.
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