BILLY J. WILLIAMS, OSB #901366 

United States Attorney 

District of Oregon 

ETHAN D. KNIGHT, OSB #992984 

GEOFFREY A. BARROW 

CRAIG J. GABRIEL, OSB #012571 

Assistant United States Attorneys 

ethan.knight@usdoj.gov

geoffrey.barrow@usdoj.gov 

craig.gabriel@usdoj.gov

1000 SW Third Ave., Suite 600 

Portland, OR 97204-2902 

Telephone: (503) 727-1000 

Attorneys for United States of America 

UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

UNITED STATES OF AMERICA 

 v. 

AMMON BUNDY, et al., 

 Defendants.

3:16-CR-00051-BR 

GOVERNMENT’S RESPONSE TO 

DEFENDANTS’ MOTION IN LIMINE 

TO EXCLUDE “OTHER ACT” 

EVIDENCE (#1046) 

 The United States of America, by Billy J. Williams, United States Attorney for the 

District of Oregon, and through Ethan D. Knight, Geoffrey A. Barrow, and Craig J. Gabriel, 

Assistant United States Attorneys, hereby responds to defendants’ Motion In Limine to Exclude 

“Other Act” Evidence (ECF No. 1046), filed by defendant Shawna Cox on behalf of all 

defendants.

/ / / 

/ / /

Case 3:16-cr-00051-BR Document 1081 Filed 08/19/16 Page 1 of 4
Government’s Response to Defendants’ Motion In Limine to Exclude “Other 

Act” Evidence (#1046) 

Page 2

I. Government’s Position 

Defendants seek to exclude evidence that, during the time they occupied the Malheur 

National Wildlife Refuge (“MNWR”), they removed documents from federal employees’ files at 

the MNWR. Because the removal of federal employees’ records is direct evidence of 

defendants’ intent to impede those federal employees, the government recommends that 

defendants’ Motion be denied. 

II. Legal Argument 

At trial, U.S. Fish and Wildlife Service “(“USFWS”) employees will testify that when 

they returned to the MNWR after the occupation, they found that their office’s filing system was 

in disarray. Government documents, books, and historical records were missing, broken up, 

scattered, or found in random locations. 

A. The Defendants Admitted to Searching USFWS Employees’ Files 

The chaotic state of the employees’ files was not an accident: The defendants admitted 

that while they occupied the MNWR, they spent significant time rifling through the federal 

employees’ records. 

1. While Ammon Bundy was occupying the Refuge, he told Peter Santilli that they 

were “working through the records” with a “great team”: 

We’re in the middle of working through the records to identify all the usage on 

the land and resources here in Harney County. That’s an arduous task, but we 

got a great team doing it. And, what we’re planning on doing with those is once 

all the boundaries [of the MNWR] have been identified, then we will get those 

straight with the local people and verify that that is all right. And then we will 

begin to record those in the county recorder’s office as their rights, and not as the 

federal government’s right . . . . We’re going to reverse that and get these lands 

back to the people. 

Case 3:16-cr-00051-BR Document 1081 Filed 08/19/16 Page 2 of 4
Government’s Response to Defendants’ Motion In Limine to Exclude “Other 

Act” Evidence (#1046) 

Page 3

See Gov’t’s Trial Ex. 612; see also Gov’t’s Resp. to Mot., ECF No. 1006. 

2. During a meeting (recorded by Ammon Bundy) between Ammon Bundy, Shawna 

Cox, and two visitors inside a USFWS employee’s office on the MNWR during the 

occupation, Shawna Cox stated: 

I’m going through the stuff. We’ve got a lot of evidence. We have – we’re 

finding lots of evidence. And we, we need to make our case solid, and it’s going 

to be solid. 

See Gov’t’s Trial Ex. 50. 

3. In a media interview on March 25, 2016, after the occupation ended, Shawna Cox 

was asked what her job was during the occupation. Defendant Cox replied: 

I was actually doing – gathering – information, checking, because we were trying 

to get all the information on the Hammonds and how they had been persecuted by 

the people of the Refuge. They had managers there over the years, and we were 

trying to get the evidence to help exonerate them. That was my main goal, was 

to be able to get that proof, the evidence that we needed to take to court to show 

their innocence, and how they had been persecuted over the years. And, so 

that’s what my main focus was to begin with. . . . That was my main thing, right 

at that time I was looking for the evidence, seeking out that evidence, and of 

which we did find. 

See Gov’t’s Trial Ex. 22. 

B. Defendants Had Stolen Documents in Their Possession at the Time of Their 

Arrest 

 Government’s trial exhibits 676–691 contain stolen documents from the employees of the 

MNWR that had been downloaded to digital devices belonging to Shawna Cox. See Exs. 27–

29. Ryan Bundy and Duane Ehmer also had stolen government documents in their possession 

at the time of their arrests. See, e.g., Gov’t’s Trial Exs. 179, 180, 692. These stolen 

Case 3:16-cr-00051-BR Document 1081 Filed 08/19/16 Page 3 of 4
Government’s Response to Defendants’ Motion In Limine to Exclude “Other 

Act” Evidence (#1046) 

Page 4

government records included Personal Identifiable Information of USFWS employees, 

documents related to the Hammond family, government credit cards, and numerous other items. 

 Defendants’ appropriation of the documents used and created by federal employees is 

highly probative of defendants’ agreement to impede those federal employees, because it 

demonstrates defendants’ intention to interfere with the employees’ official duties. Evidence 

that defendants reviewed and removed government documents should therefore be admissible at 

trial. 

III. Conclusion 

 For the reasons set forth above, the government respectfully requests that defendants’ 

Motion be denied. 

 Dated this 19th day of August 2016. 

 Respectfully submitted, 

 BILLY J. WILLIAMS 

 United States Attorney 

 s/ Craig J. Gabriel 

 ETHAN D. KNIGHT, OSB #992984 

 GEOFFREY A. BARROW 

 CRAIG J. GABRIEL, OSB #012571 

 Assistant United States Attorneys 

Case 3:16-cr-00051-BR Document 1081 Filed 08/19/16 Page 4 of 4