Case 3:16-cr-00051-BR

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IN THE UNITED STATES DISTRICT COURT FOR THE

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2

DISTRICT OF OREGON

PORTLAND DIVISION

FILED02 SEP '1616:Q61JSDC-CRP

UNITED STATES OF AMERICA

Plaintiff;

v.

Case No. 3:16-cr-00051-BR-7

Shawna Cox

Defendant

MOTION TO DISMISS
IN ACCORDANCE WITH

use AMENDMENTS

1, 2, 4,5 & 6, THIS MOTION IS BROUGHT IN

ACORDANCE WITH FRCP RULES 3,4,5 & 6 AND
SUPPLEMENTED WITH MOTION TO COMPEL
PRODUCTION OF THE ARREST WARRANT
BY DECLARATION OF SHAWNA COX

I, Shawna Cox swear under the penalty of perjury the following is true and correct.

The Plain Language to the Fourth Amendment to the Constitution states as follows: The

Right of the people to be secure in their persons, houses, papers, and effects, against

unreasonable searches and seizures, shall not be violated, and no Warrants shall issue but

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upon probable cause, supported bv Oath or affirmation, and particularly describing the place

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to be searched, and the persons or things to be seized.

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This language is mandatory and black letter law. The Fourth Amendment (Amendment

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IV) to the United States Constitution is the part of the Bill of Rights which guards against

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unreasonable searches and seizures. It was designed as a response to the controversial writ of

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assistance (a type of general search warrant), which was a significant factor behind the

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American Revolution. Toward that end, the amendment specifically requires search and arrest

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warrants be judicially sanctioned, supported by probable cause and be limited in scope

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according to specific information supplied by a person (usually a law enforcement officer) who

has sworn by it and is therefore accountable to the issuing court.

Federal Rule of Criminal Procedure 3 requires that the complaint be a written statement

of the essential facts constituting the offence charged and that it must be made under oath

before a magistrate judge or, if none is reasonably available, before a state or local judicial

officer.

Federal Rule of Criminal Procedure 4(a) requires that (a} if the complaint or one or more

affidavits filed with the complaint establish probable cause to believe that an offense has been

committed and that the defendant committed it, the judge must issue an arrest warrant to an

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officer authorized to execute it. At the request of an attorney for the government, the judge

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must issue a summons, instead of a warrant, to a person authorized to serve it. A judge may

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issue more than one warrant or summons on the same complaint. If a defendant fails to

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appear in response to a summons, a judge may, and upon request of an attorney for the

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government, must, issue a warrant.

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Federal Rule of Criminal Procedure 4(b)(l) states that a Warrant must (A) contain the

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defendants name or, if it is unknown, a name or description by which the defendant can be

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identified with reasonable certainty; (B) describe the offense charged in the complaint; (C)

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command that the defendant be arrested and brought without unnecessary delay before a

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magistrate judge or, if none is reasonably available, before a state or local judicial officer; and

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(D) be signed by a judge.

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Federal Rule of Criminal Procedure 6(f) requires that a grand jury may indict only if at
least 12 grand jurors concur. That concurrence is proven by grand jury concurrence form.
I believe the records show or will show Oregon State Patrol are the original ones who

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put handcuffs on me. Thus lawfully I should have been taken into Harney County District Court

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in Burns, Oregon which is proper jurisdiction for an Oregon State Patrolman in that area. I

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believe the arresting officers expected a move style scripted shoot out to occur and they fully

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expected they were not going to have any survivors to deal with, whereas the arresting officers

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were well hidden in strategic locations with a full tactical advantage to assassinate each and

Case 3:16-cr-00051-BR

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every one of us. After we survived and were handcuffed we were driven into Burns and driven

past the Harney County Courthouse, and the Hospital in Burns, then after some obvious

confusion we were driven to Bend Oregon where we spent a considerable amount of time

while the arresting officers figured out what to do with us.

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7

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I do not understand how I was transferred from Oregon State, Harney County
jurisdiction and venue to Federal jurisdiction and venue without any warrants at all.
I, move the court to show how the Court determined venue for the proceedings in these
matters are to be held in Portland Oregon instead of Pendleton Oregon.
I have never given any consent to change the venue and vicinage for these matters from
the Pendleton division and district to the Portland division and district.
Federal Rule of Criminal Procedure S(b), Arrest Without a Warrant requires: If a

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defendant is arrested without a warrant, a complaint meeting Rule 4(a)s requirement of

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probable cause must be promptly filed in the district where the offense was allegedly

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committed.

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In accordance with FRCP Rule S(b) and 18 USC section 3231 the complaint was not filed
in the Pendleton division where the alleged offence allegedly occurred.
Furthermore, the complaint was prepared by attorney Katherine Armstrong, no arrest

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warrant was issued and no affidavit of probable cause was signed by Magistrate Stacy

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Beckerman as required by law.

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Magistrate Stacy Beckerman and Judge Ann Aiken both had conflicts of interest as one

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sat on the Grand Jury that indicted the Hammonds and the other sat on the resentencing of the

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Hammonds and we were protesting the Judicial branch corruption that led to their persecution

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and prosecution.

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As such we were unlawfully detained then illegally arrested.

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Please see Gerstein v. Pugh, 420 US 103 (1975) Probable cause prerequisite to

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restraint of liberty.

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Giordenello v. United States, 375 US 480 (1958) His complaint was not based on his

personal knowledge, did not indicate the source of his belief that the petitioner had

committed a crime and set forth no other sufficient basis for a finding of probable cause.

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6

Trinsely v Pagliaro DC Pa. (1964) 229 F. Supp. 647 Statements of Council in their briefs
or arguments are not sufficient for summary judgment.
People v Hoguin (1956) 145 Cal. App. 2d 520 (302 P.2d 635) Defendant makes prima

facia case of unlawful arrest when he establishes that the arrest was made without a

warrant, and the burden rests on prosecution to show proper Justification.

Herein the prosecution and the court has intentionally ignored the fact the proper way

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to address the adverse possession of the Malheur was a civil quiet title and ejectment action.

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Why hasn't your Honor forced the prosecution to address that situation?

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likewise, I've never given my consent, nor was I properly extradited from State to
Federal Jurisdiction.
I just recently learned by Judge Anna Brown's comments "that considerable

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construction expenses were incurred to remodel the courtroom in Portland to accommodate

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the proposed jury trial", by this statement I now understand that the proposed jury trial is going

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to be held in the Portland Division instead of the Pendleton Division which is the wrong venue

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and vicinage. It is my belief that Judge Anna Brown and others conspired to change the venue

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and vicinage of the jury trial in order to bring me (us) before a liberal bias and partial jury of

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Obama (who was directly involved in violating our civil right to have the adverse possession of

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the Malheur addressed in a civil manner before a civil court with an ejectment and quiet title

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action) supporters instead of the conservatives that live in and around the Malheur and the

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Pendleton division. Please see exhibit 1, 2 & 3.

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In accordance with USC Amendment VI that states as follows:

In all criminal

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prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial

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jury of the State and district wherein the crime shall have been committed, which district shall

Case 3:16-cr-00051-BR

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have been previously ascertained by law, and to be informed of the nature and cause of the

accusation; to be confronted with the witnesses against him ....

The Prosecution has not placed the complaining witness against me on their witness list,

thus the complaining witness (an attorney who is incapable of such action) is not being brought

before us.

As Katherine Armstrong identifies in her complaint, we were peacefully assembling to

redress grievances as identified in the pt Amendment. Those grievances include the clouded

title to the legal ownership of the Malheur and the illegal persecution and prosecution of the

Hammonds.

10

In accordance with the II Amendment, our fear was not of the citizens of Harney County

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our fear was from the Federal Government. Many militia men understood this and stepped in

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behind us to protect our First Amendment right to redress our grievance of government

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actions.

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President Barack Obama and others including Governor Kate Brown seized the

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opportunity to further their personal agenda to attack our constitutions and our constitutional

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form of government and all individuals II Amendment Right to bear arms, in order to protect

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themselves and others against oppressive government tactics.

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At all times pertaining to us and our adverse possession on the Malheur, President

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Barack Obama, Loretta Lynch, and Gov. Kate Brown and all other Government Officials

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involved had full knowledge the proper and lawful manner to address our adverse possession

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was a civil quiet title and eject-meant action.

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Instead President Barack Obama, Governor Kate Brown, Loretta Lynch and others made

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strategic decisions to avoid resolving the situation in a civil manner. They decided to threaten,

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harass and intimidate us in order to antagonize us into a drama filled shoot out before the

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media for propaganda in order to attack all individual's rights to bear arms. These are the exact

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same propaganda tactics that Adolf Hitler's Nazi Gestapo agents used to disarm the citizens, so

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they could murder millions of innocent people. This fits George Soros' and his supporter's

Case 3:16-cr-00051-BR

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agenda perfectly. I pray to God that George Soros' has not been the puppet master in all of

this, as it has all been a subversive attack on our constitutional form of government.

I am asking the Honorable Judge Anna Brown to cease and desist all attempts to bring

us before a jury of Obama supporters in the Portland, Oregon division. It would not only be

unfair and unjust it would be a political action by you, to put your political interest before

justice.

The foregoing is intended to also supplement my motion to quash the jury.

I declare that I was unlawfully ambushed and detained by Oregon State Patrol Officers

in Harney County Oregon then kidnapped and transferred against my will by FBI Agents, from

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Harney County that is in the Pendleton division to the Portland division.

I swear that the reason I was ambushed, unlawfully detained and transported to

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Portland was because Government Officials conspired against us to circumvent civil law and

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proceedings and avoid exposing the truths and regarding the ownership of the Malheur and the

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judicial branch corruption involved in concealing the truths.

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If your Honor does not grant a motion to dismiss the complaint of Katherine Armstrong

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based upon the forgoing, I demand a pretrial hearing with the ability to bring forth the arresting

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officers and question them, as identified below.

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I demand the court allows me to bring the officers, that ambushed, unlawfully detained

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and transported us to Portland before the court to show us the warrant they had in their

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possession when they ambushed us, or explain to the court under whose authority and what

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law was used to ambush, unlawfully detain and transport us from Harney county to Portland

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Oregon.

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I demand the court allows me to question the officers who detained me in order to

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determine who the government official was that made the decision to circumvent civil law to

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remove us from the adverse possession of the Malheur.

Case 3:16-cr-00051-BR

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I demand the court allows me to question the officers and public officials involved to

determine exactly who determined we should be transported to Portland and why, after we

were unlawfully detained.

I ask the court to require the court administrator to come before the court and explain

how they determined venue is proper in Portland division instead of the Harney County

Pendleton division.

I stipulate, in a Nation based on Principal of Laws no public official can use their official

office to circumvent civil law in an attempt to assassinate, harass, threaten and /or intimidate a

member of "we the people" in order to silence them.

10

I swear that it is this judicial branch corruption that led to the persecution and

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prosecution of the Hammonds and the Government Officials involved and these atrocities were

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highly motivated to assassinate "we the people" who were speaking out to expose it, in order

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to silence us and obtain media propaganda in support of their personal agendas.

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If the court is unwilling to bring all of the individuals before this court that conspired to

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ambush and assassinate us instead of dealing with us in the civil, lawful manner of a quiet title

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and eject-meant action, then I demand the court determines we were unlawfully detained and

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dismiss all of these proceedings, with prejudice. Please see exhibits 1, 2, 3 & 4.

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I declare I am a witness and informant to the prosecutorial misconduct and ineffective

council that led to the persecution and incarceration of the Hammonds.
I declare I am a witness and informant to abuses of Federal Bureau of Land
Management personnel.
As a witness and informant to judicial branch corruption I am entitled to the protections
provided in 18 USC sections 1514 and not subject to threat of criminal proceedings.
I declare the attempt to move venue to the Portland Division is an intentional malicious

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act to bring us before a bias and prejudicial jury body. The court is acting politically whereas it

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is determined to bring us before a jury made up of liberals from the Portland area instead of

Case 3:16-cr-00051-BR

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conservatives from the Pendleton area. By doing so the court is violating both judicial canons

and ethics by acting in political interests of politicians instead of the interest of justice.

. ;I'

Dated this _day of September 2016.

Shawna Cox, Pro se All Rights and Protections Reserved

8
9

(Notary)

Case 3:16-cr-00051-BR

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Acknowledgment by Individual
State of Washingt

I certify that I know or have satisfactory evidence that

(name of person)
is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in
the instrument.
Dated
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Title

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Description of Attached Document

Type or Title of Document

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Number of Pages

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FOOI-OOODSG5350WA

2016 Wells Fargo Bank, N.A.

DSG 5350 WA (Rev 00-1/16)

All rights reserved.

Case 3:16-cr-00051-BR

Document 1186

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Or~ - Bactioo Resd1s 2008- The

bc~c\U flork Elmes

Page 10 of 18

New York Timas

Election Results 2008

Tuesday, December 09, 2oo8

Oregon
0-

Counly PresldenUal Rasuls

Eri Pllls

President

97% reporting

candidate

Party

Votes

Pct.

Chmlge from '04

Dem.

978,605

57.1%

+5.7%

John McCain

Rap.

699,673

40.8

-8.4

Ralph Nader

PPO

17.454

1.0

NA.

, (~(',,!-1~

Chuck Baldwin

CST

7,243

0.4

NA

Bab Barr

Lil

7.180

0.4

NA

4.231

0.2

NA.

Cynthia McKinney PAG

Ccu:it~-

resuls

Ex~

polls

President map

President table

Senate

Ei]
Sen3!e

tab~

Electond voi.

96% reporting

Candidate

Party

Votes

..:-

Dem.

816.276

48.9%

Gordon H. Smith

Rep.

764.540

45.8

Dave Brownf()W

CST

87.333

5.2

Ser:at~

Pct.

lncumbenl

State Hlghllghts
Senator Gordon H. Smith, a two-tenn Republican, was in a nipand-tuck race with Jeff Merkley, a Democrat who is the speaker of
Oregon's state house. With 79 percent of the ballots counted, Mr.
Smith had fnllen behind Mr. Merl<lt'Y by about 9, 700 votes.

rr:a;J

House of Representatives
District

Democrat

25.8%

RepubUcan

Lemas
20.7%

38.4%

Hcl.i;;e tab).::

Hoc:;e

Reporting

Other

Lopez

Erickson

27.4%

Olher

98%

l\lr. Merl<ley bas been counting on a statewide surge in voter

registration among Democrats spurred by the campaign of Senator

4.5%

Other

100%

Barack Obama.

4.4%

Other

85%

17.0%

Other

100%

6.9'/o

Other

99%

~nap

Mr. Smith, a moderate Republican from Pendleton, in eastern

Oregon, had tried to win Democrats and independents by running
advertisements that portrayed him as working across party lines
with Mr. Obama and other Democrats, including Senators John
Kerry and &!ward M. Kennedy. He cast Mr. Merkley as an urban
candidate who cared little about rural Oregon.

Major Ballot Measures

Measute
54

Yes

SChool Boar<I Voting

No

Reporting

27A%

95%
95%

55

Redlslricting

22.5%

56

Majority Voting in Property Tax Electi'.lns

43.5%

95%

57

Repeat Offenders

38.6%

98%

58

Bingual Education

.:,

96%

43.7%

c.~.

:.

95%

59

Tax Oeducti'.ln

36.2%

60

Teacher Merit Pay

38.6%

..~ ' ..:

96%

61

Mandatory Sentences

48.9%

::.:

96%

62

Lottery Proceeds

39.4%

95%

63

Building Permits

45.8%

95%

64

Union Dues

49.5%

95%

34.1%

95%

65

Open Primaries

BntMr. Merkley, a Conner head of Habitat for Humanity in

Portland whose father worked in a timber mill, was able to claim
several accomplishments in the House. He banked state money
when many states are experiencing deficits. He also helped to
appro"e some of the nation's most aggressive policies to encourage
development of renewable sources of energy.
What may have helped Mr. Merkley the most, though, was math
and money.
At the end oflastyear, Oregon had about 756,000 registered
Democrats and 686,ooo Republicans. But shortly before Election
Day, there were about 894000 Democrats and 677,000
Republicans. Democrats outspent Republicans roughly two to one
in the race, with more than $20 million spent all told.
WILLIAM YARDLEY

Comments

htlp://elec:tions.nytlmes.c:om/200Bfr8SUts/stalas/oragcn.hlml

1/1

Case 3:16-cr-00051-BR

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K\TE BROWN

Governor

January 20, 2016

The Honorable Loretta E. Lynch

U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
The Honorable James B. Corney
FBI Headquarters
935 Pennsylvania Avenue, NW
Washington, DC 20535-0001
Madam Attorney General and Director Corney:
Earlier today I spoke with Mr. Corney to share my issues with the handling of the occupation of
the Malheur National Wildlife Refuge by armed radicals.
The citizens of Harney County are resilient and diverse and include members of the Bums-Paiute
Tribe. Like most Oregonians, those from Harney County have a history of resolving difficult
issues through a collaborative approach. They have worked hard through the years to develop
the Malheur Refuge Comprehensive Conservation Plan, the Hamey County Wetlands Initiative,
the Harney County Restoration Collaborative, the Hamey County Wildfire Collaborative, and
SageCon. It is for this work that they should be recognized., and yet the national focus has
instead been fixed on outsiders seeking to exploit and manipulate a local matter for their own
agenda.
As you are both aware, for more than two weeks now, these radicals have been allowed to stay
unlawfully in the refuge approximately 30 miles to the south of Bums, Oregon, in Harney
County. While it is easy to assume that an occupation in such a remote location does not threaten
public safety and does not harm any victims, that perception is far from accurate.
Even before the events of January 2, 2016, the local community was put under strain by the
presence of outsiders who made unrealistic demands and began harassing law enforcement and
their family members. While all were prepared for a tense but lawful protest on January 2 in the
town, few were prepared for what would follow.
The unlawful seizure of the refuge by criminals seeking to advance a misguided agenda is in and
of itself a strain. What adds to the tensions felt by the community is the reality that multiple
"supporters" of these individuals have joined, staying in local motels in the City of Bums, and
the criminals on the refuge are allowed to travel on and off the premises with little fear of law
254 STATE CAPITOL, SALEM OR 97301-4047 (503) 378-3111 FAX (503) 378-8970

WWW.GOVERNOR.OREGON.GOV

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The Honorable Loretta E. Lynch

The Honorable James B. Corney
January 20, 2016
Page2

enforcement contact or interaction. The residents of Harney County are being intimated in their
own hometown by armed criminals who appear to be seeking occasions for confrontation.
The harm being done to the innocent men, women and children in Harney County is real and
manifest. With each passing day, tensions increase exponentially.

In addition to the federal agents deployed in town, the Oregon State Police and counties and
cities from around the state are continuing to deploy additional officers to enhance local patrol
and community safety. The reality is that this is not a sustainable law enforcement model for any
extended period oftime.
Because this occupation has occurred on federal land, it is appropriate that the FBI and other
federal law enforcement entities are the leaders on any response to it, and we appreciate the
recognition of their responsibility in this situation. They asked state officials, including me, to
limit our public comments, which I have done, with considerable difficulty.
However, for the citizens of Harney County and indeed all Oregonians, I must insist on a swift
resolution to this matter. Efforts to negotiate have not been successful, and now it is unclear what
steps, if any, federal authorities might take to bring this untenable situation to an end and restore
normalcy to this community.
I request on behalf of my fellow Oregonians that you instruct your agencies to end the unlawful
occupation of the Malheur National Wildlife Refuge as safely and quickly as possible.

I~

Governor Kate Brown

KBIHM/sb

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K~Tt BRO\\'i\J

Governor

January 20, 2016

The Honorable Barack Obama

President of the United States
The White House
1600 Pennsylvania Avenue, N.W.
Washington, DC 20500

Mr. President:
On January 19, 2016, I spoke with Deputy Assistant to the President and Director of
Intergovernmental Affairs Jerry Abramson to share my concerns with the handling of the
occupation of the Malheur National Wildlife Refuge by armed radicals. Today I spoke
with James Corney, Director of the Federal Bureau oflnvestigation. I followed up on
these conversations by sending the enclosed letter.
During my conversations, I conveyed the harm that is being done to the citizens of
Harney County by the occupation, and the necessity that this unlawful occupation end
peacefully and without further delay from federal law enforcement.
On behalf of all Oregonians, I appreciate your consideration of our desire to see this
situation come to a close, and I thank you for your timely attention to this matter.

Governor Kate Brown

KB/HM/sb

254 STATE CAPITOL, SALEM OR 97301-4047 (503) 378-3111 FAX (503) 378-8970
WWW.GOVERNOR.OREGON.GOV

Case 3:16-cr-00051-BR

From:
To:
Subject:
Date:
Attachments:

Document 1186

Filed 09/02/16

Page 14 of 18

The El!myer Reoort

hejdLmqawad@state.or.us
Millions of television viewers know how to stop the Mormon Malheur Marauders
Monday, January 4, 2016 11:12:17 PM
ooweroho!ist.png

First, shut off the power, the water, land line, cell phone and Internet communication.
Second, no one, especially the Press, is allowed anywhere near the federal building held by the
religiously inspired and well armed Mormon leaders Ammon and Ryan Bundy.
Third, anyone leaving the illegally occupied federal building unarmed will not be fired upon and
unharmed while being arrested. Those carrying weapons will be at serious risk of injury or death.
Fourth, BLM and FBI agents arrest Nevada Mormon rancher Cliven Bundy and seize his
property for failure to pay one million dollars in overdue grazing fees.
Fifth, be patient and wait. [If the politics of the situation gets uncomfortable and a need for
urgency exists there is always the very loud irritating music and very bright lights throughout the
day and night that has proven to be quite effective.]
Infrared satellite and local drone images will identify how many insurrectionists there are and
their locations at all times. Agents can stay warm, indoors and away until someone in Bundy's
bunch makes a run for it. A couple of ATVs and a helicopter will scoop up the miscreants in no
time.
This is NOT rocket science. What are the FBI and the BLM waiting for?
It is very cold in Hamey county this time of year. No power, no water, no food, boredom and
internal bickering will very soon wear down the hardiest of domestic terrorists. Hearing of their
father's arrest will also seriously dampen their spirits.
We know who the bad guys are in this drama. But it is the SLM, Fish and Wildlife, U.S.
District Attorneys and the FBI that are the real players every taxpayer, politico and TV
producer in our country will be watching.
We Oregonians endured then overcame the invasion of the Bhagwan Shree Rajneesh and
2,000 of his worshippers, some who carried automatic weapons, bottles of poison and
threatened public officials many years ago. The scruffy Bundy bunch of about two dozen rogue,
mindless, misguided, Mormon motivated congregants are not in the same league as the
Bhagwan and his army of followers. We Oregonians shall have the same success dealing with
the Mormon Malheur Marauders as we did with the Rajneeshees.

Richard Ellmyer
Portland, Oregon

This message was sent to heidi.moawad@state.or.us by richard@gooclgrowthnw.org

To forward this message, please do not use the forward button of your email application, because this message
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Case 3:16-cr-00051-BR

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Cc:

Subject:

Date:

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Page 15 of 18

Rjchard E!lmyer
Interestecl parties
Hejdj Mqawad; Kristen Grajoger; Krjsten Leonard; daye.ward@co.harney.or.ys;
brian.needham@co.hamey.or.ys; c!afollette@d.byrns.or.ys; pete.rynnels@co.hamey.or.ys;
tjm colahan@co hamey or ys; steve grast@co.hamey.or.ys; NICHOLS Dan; Earl Blymenayer; ~
~;peter Defazjo; Jeff Merkley; RQSENBLUM Ellen F; Kurt 5chrader; Greg Walden; Ron Wyden;
washjngton.field@jc.tbj goy; Tjm.Gerkjng@ojd state.or.ys; lasyegas@tbLgoy
FBI"s Bretziog Woo"t Admit And Announce His Responsibility To Arrest Law Breaker Ammon Bundy And His
Armed Gang Of Thieves And Terrorists

Thursday, January 14, 2016 7;01;09 PM

Special Agent in Charge of the Oregon FBI, Gregory T. Bretzing is following his
colleague, Special Agent in Charge of the Nevada FBI, Larua A. Bucheit, down a
very, very dangerous path. Bucheit abandoned her responsibility to arrest armed,
white, Mormon, male Cliven Bundy for failure to pay one million dollars in federal
grazing fees. Would her "equal justice under the law" behavior have been different if
her target was an unarmed, dark skinned woman who was a Muslim or an atheist?
Her cowardice in the line of duty inspired Cliven Bundy's sons to lead an armed
invasion to capture the Malheur National Wildlife Refuge. Bretzing, a Mormon
himself, has refused for almost two weeks of occupation to publicly take personal
responsibility as the primary law enforcement decision maker or take any action to
do his duty to expel and arrest the armed, white, Mormon, male Bundy brothers and
their coconspirators.
The audacious Ammon Bundy is so confident that Bretzing is afraid to arrest him
that he is planning a town hall meeting to present his exit plan in Burns, Oregon on
Friday January 15th at 7 PM. Bretzing has indicated that he will NOT announce NOR

admit that he has any intention of arresting Ammon Bundy on Friday night or any
time in the future. This is a very dangerous game.
If Bretzing allows Bundy and his gang to come armed to a public gathering in Burns,
where the anger of local residents rises every day, then the chances of collateral
damage to innocent bystanders during any confrontation is very high.
If Bretzing allows Bundy and his gang to come to a public gathering in Burns and
does not arrest them on sight then whatever credibility and respect he and the FBI
had to that moment, which wasn't very much, will be gone.
It's time for Special Agent in Charge of the Oregon FBI, Gregory T. Bretzing to
put up or shut up.
If and when the Bundy bunch leaves the Malheur National Wildlife Refuge Bretzing

must arrest them.

If the Bundy's illegal occupying force does not leave the Malheur National Wildlife
Refuge to travel to Burns on Friday January 15th for a 7 PM public event then
Bretzing must do the following on Friday January 15th at 7 PM:
1. Order the power to be cut off to the office and visitor center of the Malheur National
Wildlife Refuge.
2. Order a block on all electronic communication in and around the office and visitor
center of the Malheur National Wildlife Refuge.
3. Order the closing of access in to and out of the Malheur National Wildlife Refuge.
In the event that Special Agent in Charge of the Oregon FBI, Gregory T. Bretzing

Case 3:16-cr-00051-BR

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takes none of these actions by 7 PM on January 15th it will constitute a clear

abdication of his responsibility to enforce the laws of the land. His inaction and
dereliction of duty would be a disgrace to his badge and the Oregon FBI. His
superiors should dismiss him immediately.
The necessary resolution of the armed takeover of federal property by dislodging the
criminal occupants and arresting them becomes the burden of the governor of the
state of Oregon, Kate Brown. It is then incumbent upon governor Brown to bring the
resources under her command, namely, the state police and the Oregon National
Guard, to take immediate action. Governor Brown must not allow Oregon to become
an attractant and showcase in which criminals and terrorists may freely perform
without fear of any consequences. Governor Brown must not allow Oregon to grow a
reputation as a haven for hoodlums and outlaws.
The consequences of armed robbery on private or public property in Oregon and
America can be prison or death. Our political, judicial and law enforcement
establishments have the legitimate, legal, moral authority, indeed, a duty, to protect
persons and property from those who brandish weapons to steal what belongs to
others.
The Malheur National Wildlife Refuge belongs to me and every other American. We
want it back. NOW.

Ammon Bundy and his belligerent bandits are both common criminals and

domestic terrorists and must be treated accordingly.

Richard Ellmyer
Portland, Oregon
Oregonian. American. Voter.
Co-owner of the Malheur National Wildlife Refuge and all other property owned by
the state of Oregon and the federal government of the United States of America.
Author, The Ellmyer Report, a political report, analysis and commentary distributed to
more the a quarter of a million reader/voters in Oregon as well as the local, state and
national Press.

Note to readers:
The message above is not sent from a listserve nor is it sent to a permanent list. The recipients of this personal email have
been chosen on an ad hoc basis. If you are not interested in the political nature of this communication then you need only
reply to the sender with REMOVE in the subject and you will be removed from my address book. There is no point in
trying to communicate with folks that are not interested in public policy. It is counterproductive.
The First Amendment to the Constitution of the United States of America not only guarantees American citizens free
speech but also the right "to petition the government for redress of grievances." This means that elected officials are not
required to respond to or even read, listen or view citizen communications. But it does mean that elected officials
cannot preemptively stop citizens from contacting them by any means, be it by visit, phone, package, letter,
email or marching in front of their offices.
Every elected official serving in the United States of America either explicitly or implicitly affirms support for the
Constitution of the United States of America. If you are an elected official in the U.S. who can produce evidence that you
do NOT support the Constitution of the United States of America and therefore are NOT subject to the First Amendment
then please notify me immediately.

Case 3:16-cr-00051-BR

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In the more than thirteen years that I have been writing and publishing these commentaries about our community better
than 99.5% of those receiving my "Interested Parties" emails are, in fact, interested. The numbers range from a handful to
many hundreds of thousands depending on the issue of the day.
The Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 also known as the CAN-SPAM Act
of 2003 specifically exempts political speech. It was authored by senator Ron Wyden. A call to his staff will clarify this
legislation. Over the last nine years only a handful of the most egregious commercial violators have successfully been
tried and convicted. The law did not work as many of us who helped develop it had hoped. Spam, as defined in this act, is
an international problem which requires an international solution. Signed emails with true headers whose content is
related to government and politics that the receiver considers ''bothersome" are not spam.

Case 3:16-cr-00051-BR

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CERTIFICATE OF SERVICE
I, Shawna Cox, swear under the penalty of perjury of the United States that I mailed and/or
emailed copies of my above identified
briefs to the following:

Hon. Chief District Judge Michael J. Mosman

Room 1615
1000 SW Third Ave
Portland, Oregon 97204-2945

****

Oregon Dept of Justice

1162 Court St. NE
Salem, Oregon 97301-4096

****

Office of Public Corruption

935 Pennsylvania Ave NW

Office of FBI for the State of Oregon

620 SW Main St.

Washington DC 20535-001

Portland, Oregon 97205

****

****
114th Congress Subcom. On

114th Congress Subcom. On

Courts Commercial & Adm. Law

517 Cannon H.O.B.
Washington D.C. 20515

The Constitution
H2-362 Ford H.O.B.
Washington D.C. 20515

****

****
114th Congress Subcom. On

The Joint Chiefs Of Staff

Adm. Oversight and Courts

General Dunford, Chief of staff

9999 Joint Staff Pentagon
Washington D.C. 20318-9999

224 Dirksen Senate Office Bldg.

Washington DC 20510

****
My Next Friends Group

c::;..

Shawna Cox
1031 S Monument Rd

Via email
Hammond Family via email

Kanab, Ut. 84741

Dated this ~day of

S:,fJ.

.2016

(435)899-0300

c.

(435) 644-2164 o.