BILLY J. WILLIAMS, OSB #901366 

United States Attorney 

District of Oregon 

ETHAN D. KNIGHT, OSB #99298 

GEOFFREY A. BARROW 

CRAIG J. GABRIEL, OSB #01257 

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. 

 Defendant.

3:16-CR-00051-BR

GOVERNMENT’S RESPONSE TO 

DEFENDANTS’ EMERGENCY 

MOTION FOR ORDER 

PROHIBITING REMOVAL OF 

DEFENDANTS 

 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 for Court Order 

Prohibiting U.S. Marshals from Removing Ryan Payne and Listed Defendants from the District 

of Oregon (ECF No. 312). 

I. Government’s Position 

The government originally did not object to the defense motion to prevent the defendants 

from being transported to the District of Nevada on writs of habeas corpus ad prosequendum, as 

Case 3:16-cr-00051-BR Document 331 Filed 03/21/16 Page 1 of 3
Government’s Response to Defendants’ Motion for Order Prohibiting 

Removal of Defendants 

Page 2

the defense motion was filed on March 16, 2016, and the writs required the defendants’ 

appearance the next day, on March 17, 2016. Logistically, it would have been impractical to 

have the defendants transported from Oregon to Nevada within one day. 

However, the government (which, for purposes of this motion, includes the U.S. 

Attorney’s Offices for both the District of Oregon and the District of Nevada) recommends that 

the defendants’ motion ultimately be denied. The government respectfully requests that this 

Court coordinate with the U.S. District Court for the District of Nevada to arrange for Ammon 

Bundy, Ryan Bundy, Ryan Payne, Brian Cavalier, and Blaine Cooper1 to be arraigned in 

Nevada Case No. 2:16-CR-46 and have Nevada counsel appointed for defendants in that case, in 

the most efficient way possible. 

Any of the five defendants may consent to be arraigned in the Nevada case by video 

teleconferencing (“VTC”) under Fed. R. Crim. P. 10(c). Absent consent under Rule 10(c) from 

a defendant, the government requests that the U.S. Marshals Service be permitted to transport 

that defendant from the District of Oregon to the District of Nevada (for purposes of the 

defendant’s arraignment in the Nevada case) and then back to the District of Oregon, as 

expeditiously as possible. 

II. Legal Argument 

Case law demonstrates that the writs of habeas corpus ad prosequendum issued by the 

United States District Court for the District of Nevada are, in fact, valid. See, e.g., United 

 

1

 These five defendants are currently in custody in this case in the District of Oregon. They have 

been charged in the District of Nevada, but they have not yet made an initial appearance on the 

Nevada case. 

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Government’s Response to Defendants’ Motion for Order Prohibiting 

Removal of Defendants 

Page 3

States v. Kelly, 661 F.3d 682 (1st Cir. 2011). Further, the government will be prepared to argue 

at the hearing that if a temporary transport to Nevada and back to Oregon were required, then 

such a transport would not violate the defendants’ constitutional rights in any way. 

III. Conclusion 

 The U.S. District Court for the District of Nevada has the authority to commence 

proceedings against the five defendants listed above. The most logical way to accomplish the 

defendants’ arraignments in the Nevada case would be via VTC. Should a defendant not 

consent to a VTC arraignment, then the government requests that arrangements be made by this 

Court and the U.S. District Court for the District of Nevada for an efficient transport plan to 

ensure a prompt disposition of both cases. 

 Dated this 21st day of March 2016. 

 Respectfully submitted, 

 BILLY J. WILLIAMS 

 United States Attorney 

 s/ Craig J. Gabriel 

 ETHAN D. KNIGHT, OSB #99298 

 GEOFFREY A. BARROW 

 CRAIG J. GABRIEL, OSB #01257 

 Assistant United States Attorneys 

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