Judge's proposed ban 'vindictive,' says Ammon Bundy's lawyer in Oregon standoff

Marcus Mumford, the Utah lawyer who represented Ammon Bundy in the Oregon refuge case, called a judge's push to ban him from practicing law in federal court in Oregon "vindictive'' and based on a "biased and skewed view'' of court proceedings. Mumford questioned the authority of Oregon's Chief U.S. District Judge Michael W. Mosman to strip him of the prerogative. He also accused deputy U.S. marshals who tackled him and stunned him with a Taser of trying to "settle scores'' in the wake of his success. In a 138-page response to Mosman's proposed sanction filed late Friday, Mumford further wondered whether the timing of the judge's action was intended to prevent him from continuing to represent Bundy as he's set to go on trial in Nevada this week. Mumford said he feels as if he's being unfairly punished while the conduct of the marshals, who used force against him in a federal courtroom, isn't being addressed. "The fact that Judge Mosman would single me out for discipline, while excusing the marshals' open defiance of court orders, causes me grave concern about the fairness of this proceeding,'' Mumford wrote.With Bundy headed for trial this week in Las Vegas, Mumford wrote the timing of Mosman's action "causes one to wonder if it was not triggered by an effort to prevent me from continuing my representation of Mr. Bundy in Nevada.''...more

Marcus Mumford: Judge's move to stop him from practicing in OR federal courts 'unwarranted'

Ammon Bundy's lawyer Marcus Mumford called a judge's push to revoke his ability to practice law in federal court in Oregon a "serious and stigmatizing" sanction and unwarranted. The Utah-based lawyer has asked U.S. District Judge Michael W. Mosman for more time to respond. Mumford also wants a full transcript of last fall's refuge occupation trial to challenge what Mosman called Mumford's repeated failures or refusals to observe court rulings, highlighted in about 545 pages of excerpts from the trial transcript. Mumford was supposed to file his response to Mosman by Thursday, but instead filed an 11-page memo asking for at least 45 more days, noting the gravity of Mosman's action and that it could significantly undermine his career...more

Federal judge dismisses criminal charges against Ammon Bundy's lawyer

A federal judge Wednesday dismissed all criminal charges pending against Marcus Mumford, Ammon Bundy's lawyer, at the prosecution's request. In a three-sentence order, U.S. District John C. Coughenour granted prosecutors' motion to dismiss two charges against Mumford without prejudice, meaning the government could bring them back in the future. Screen Shot 2017-03-15 at 3.47.00 PM.pngJudge's order dismissing criminal charges against Marcus MumfordU.S. District Court document Mumford's lawyer, Michael Levine, had argued repeatedly that the deputy U.S. marshals engaged in "outrageous'' misconduct and lacked authority to wrestle Mumford to the ground and stun him with a Taser gun while he was arguing on behalf of Bundy in a federal courtroom last fall. Mumford was charged with failing to comply with official signs that prohibit the disruption of federal officers' official work and failing to comply with a federal officer's direction to stop resisting and to place his hands behind his back. A trial had been set for April 13. Acting U.S. Attorney John Harrington of the Eastern District of Washington declined  to explain why his prosecutors chose to dismiss the charges now...more

Editorial - Cooler heads prevail, finally, in Bundy lawyer taser case

The federal criminal case against Marcus Mumford, the defense attorney who represented Malheur National Wildlife Refuge occupation leader Ammon Bundy, was one of bad calls.

There was the extraordinarily bad call for U.S. marshals to tackle and tase Mumford as he argued for Bundy's release, shortly after a federal jury had issued the surprising verdict to acquit him and six others of conspiracy charges associated with the takeover. Then federal prosecutors followed that up with misdemeanor charges against Mumford, claiming he failed to comply with the lawful direction of a federal police officer and impeding or disrupting official government duties. The case was proceeding through hearings - including one in which the judge dismissed one of three charges against Mumford - and a date was set for trial.

Finally, however: a good call. As The Oregonian/OregonLive's Maxine Bernstein reported, prosecutors filed a motion this week to dismiss the charges against Mumford. They did not explain why and the move does not prevent them from filing charges in connection with the incident in the future. But perhaps they recognized what a losing proposition it would be to prosecute a lawyer who, according to witnesses in the courtroom, was simply making his case on behalf of his client. That's not a crime. It's what the judicial system is supposed to protect.

- The Oregonian/OregonLive Editorial Board

Feds file motion to dismiss charges against Ammon Bundy's lawyer Marcus Mumford

Special federal prosecutors assigned to the criminal case against Ammon Bundy's lawyer filed a motion Monday to dismiss all the charges against Marcus Mumford. The motion comes more than three weeks after a judge dropped one of three charges against Mumford and ruled that he would decide the remaining two charges after a trial. It also comes on the first business day after a federal jury in Portland found four remaining defendants guilty on a variety of charges stemming from the occupation of the Malheur National Wildlife Refuge. Special attorneys Timothy J. Ohms and George J.C. Jacobs of Washington state filed the motion in U.S. District Court in Portland, asking a judge to dismiss the criminal information without prejudice. That means the government could file charges in the case in the future. "I'm thankful the case is being dismissed,'' said Mumford's lawyer, Michael Levine. He said he didn't know what prompted the government's decision. He's waiting for the judge to sign the dismissal order. "It's not over until it's over,'' Levine said. Ohms last month defended the charges, contending Mumford was blocking marshals from taking Bundy back into custody at the end of trial. When Mumford resisted arrest, he was stunned with the Taser, Ohms said. Coughenour, a judge from the federal Western District of Washington, had been assigned to preside over the case. Trial judge U.S. District Judge Anna J. Brown and local prosecutors were recused from it. Brown, her courtroom deputy, law clerk and court reporter could be called as witnesses at trial, Levine had told the court last month. Coughenour last month had ordered prosecutors to turn over to Mumford's lawyer any text messages between marshals, federal protective service officers or court security on their government-issued cellphones that revealed "hostility'' toward Mumford "or in any way casts doubt on their credibility.'' The government also was ordered to turn over information that cast doubt on a witness' credibility, as required by law. Levine said he received no explanation from the government of what led to the decision now to dismiss the charges. He wondered if prosecutors had the video of the fracas enhanced, found something in the emails or personnel files of the marshals that would have been problematic for the government or decided Mumford has been through enough already...more

Judge dismisses 1 of 3 charges against Bundy attorney and orders bench trial

A federal judge Thursday dropped one of three criminal charges against Marcus Mumford, Ammon Bundy's lawyer, and ruled he'll issue a verdict on the other two charges, not a jury. U.S District Judge John C. Coughenour dismissed a charge that accused Mumford of creating a disturbance by impeding the official duties of government officers because it encompassed the same conduct alleged in the second count, failing to comply with official signs that prohibit the disruption of federal officers' official work. Coughenour declined to grant Mumford a jury trial, as requested, or his motion to dismiss all the charges. Mumford's lawyer Michael Levine has argued that the deputy U.S. marshals engaged in "outrageous'' government misconduct and lacked authority to wrestle Mumford to the ground and stun him with a Taser gun while he was arguing on behalf of Bundy in a federal courtroom last fall. The scuffle occurred after Bundy was acquitted of all charges on Oct. 27, 2016, at the end of a five-week trial stemming from the occupation of the Malheur National Wildlife Refuge. "Here, the transcript and video footage do not support such a finding,'' the judge wrote. "The U.S. marshals' conduct does not rise to a level that 'shocks the conscience.' '' Coughenour said in his ruling: "It appears from the transcript and the courtroom video that defendant interfered with the marshals taking his client into custody.'' The judge wasn't swayed by Levine's arguments that the marshals didn't have authority to act against Mumford while he was advocating for his client in court or that the charges against him are vague. Coughenour held that Congress authorized the Department of Homeland Security to establish regulations with criminal penalties relating to the protection of federal property similar to powers it has granted to the National Park Service, Forest Service and Bureau of Land Management. "Defendant was not charged with violating the regulations for making arguments in the courtroom,'' the judge wrote. "At the heart of the allegations is that defendant interfered with the U.S. marshals taking custody of his client. A person of ordinary intelligence would understand that interfering with a U.S. marshal removing a defendant who was in their custody following the completion of court constitutes a disruption of the performance of a marshal's duties.''...more

Coughenour's rulings are here and here. 

Attorney For Oregon Standoff Leader Faces New Charges In Courthouse Scuffle

The attorney for the leader of the Malheur National Wildlife Refuge occupation is facing three charges in connection with a dramatic incident that played out as his client was acquitted last fall. Mumford previously faced charges of failing to comply with the lawful direction of federal police officers and impeding the performance of official duties. He pleaded not guilty to those charges last week, but the special prosecutor from Washington, Timothy Ohms, has replaced the charges. The new charges that Mumford faces include creating disturbances by impeding or disrupting the performance of official duties, failure to comply with signs of a prohibitory, regulatory and directory nature, and failure to comply with the lawful direction of a federal police officer. Mumford’s attorney, Michael Levine, has said Brown and U.S. marshals overreacted. “My client was doing nothing that a zealous advocate would not do,” he said. “What we have here is an unprecedented attack on the defense bar, I truly believe unprecedented, and I’ve been practicing law for almost 40 years.”...more

Marcus Mumford's prosecution is an 'unprecedented attack on the defense bar,' his lawyer says

Marcus Mumford, Ammon Bundy's lawyer who U.S. marshals tackled and stunned with a Taser gun in federal court on the day his client was acquitted, returned to the same courtroom Friday to appear in his own criminal case. His attorney, Michael Levine, entered a not guilty plea on Mumford's behalf to charges of failing to comply with the lawful direction of a federal police officer and impeding or disrupting official government duties, both misdemeanors. The maximum penalty for each offense is 30 days in custody and a $5,000 fine. Deputy marshals tackled Mumford as he questioned the government's authority to continue to hold Bundy on federal charges pending in Nevada and demanded to see paperwork to back it up. "What happened here is an unprecedented attack on the defense bar,'' Levine said after the brief hearing Friday. He called the use of a stun gun and Mumford's arrest "outrageous,'' saying Mumford was doing nothing more than engaging in zealous advocacy for his client. Mumford, 43, flew in from Utah to appear briefly before U.S. District Judge John C. Coughenour and Assistant U.S. Attorney Timothy J. Ohms, both assigned from Washington state after federal judges and prosecutors in Oregon recused themselves from the case. "Mr. Mumford, you have the right to remain silent. Do you understand that?'' Coughenour asked. "Yes,'' Mumford said. Oregon's federal public defender Lisa Hay, wearing a "FREE MARCUS MUMFORD'' button on her blazer, other defense attorneys from the Bundy case and court staff crowded into the courtroom to watch the proceeding. Hay said she came to show her support for a defense attorney who was "physically assaulted while advocating for his client in the courtroom and not in disobedience of any judicial order.'' Judges can find attorneys or others in contempt of court, but Hay called it an "abuse of power'' for defense lawyers to face physical force from marshals. "The limits on vigorous advocacy are set by the judiciary by contempt powers, not by the executive branch and its marshals through use of force against defense attorneys,'' Hay said. Mumford is expected to argue that there was a "pattern of overreaction'' by  marshals who "initiated conflict unnecessarily'' during the case, according to emails he sent to federal court. He has requested video surveillance footage of the encounter as well as any video footage of two earlier incidents with marshals in court. On the day of the Bundy acquittal, Mumford stood before U.S. District Judge Anna J. Brown and argued that Bundy should be released from custody immediately...more