Posted on 10/29/2016 1:46:56 PM PDT by abb
When U.S. Marshals physically subdued attorney Marcus Mumford at the finale of the Oregon militants' trial, the encounter created a buzz across the legal community with experts saying they'd never seen anything similar happen before.
Marshals tackled and used a Taser on Mumford, Ammon Bundy's defense lawyer, following the Oregon standoff leader's acquittal in the federal conspiracy case Thursday. The agency said in a news release Friday that Mumford had become "upset and aggressive" in court after the jury verdict.
The federal agency is conducting a review of the marshals' actions, according to Thadd Baird, supervising deputy of the U.S. Marshals Service. But he declined to discuss any further specifics about the highly unusual use of force.
"The overwhelming consensus in legal circles is that any kind of altercation between law enforcement and lawyers in a courtroom is virtually unheard of," said Kateri Walsh, spokeswoman for the Oregon State Bar. "It just doesn't happen."
Mumford had been arguing that his client should be released from custody immediately, but U.S. District Judge Anna J. Brown said Bundy had a hold on him from a pending federal indictment in Nevada.
Mumford yelled at the judge, and suddenly six to seven marshals closed in on him, surrounding the attorney at the defense table. The judge told them to move back, but soon after, the marshals grabbed Mumford.
They yelled at Mumford to stop resisting while the judge ordered everyone out of the courtroom.
The encounter was the culmination of a trial that included several contentious moments between Mumford and Brown. At one point last month, Brown threatened Mumford with contempt of court if he continued asking questions about the fatal police shooting of Robert "LaVoy" Finicum.
The Marshals service provides security in U.S. District Court. Mumford was arrested Thursday by the Federal Protective Service, part of the Department of Homeland Security. He was cited on accusations of failing to comply with a federal lawful order and causing a disturbance and given a Jan. 6 court date.
Mumford was released from custody nearly two hours later and spoke to reporters outside the federal courthouse. One asked whether Mumford believed the marshals acted appropriately.
"No!" the Utah-based attorney replied. He could not be reached for comment Friday.
The description of Thursday's events also led other lawyers to question whether the marshals had been too heavy-handed.
"My understanding is he just raised his voice," said Carrie Leonetti, a University of Oregon law professor who previously worked as a federal public defender in California.
Leonetti said the marshals likely considered the number of people in the courtroom before taking action, but also questioned their using a weapon against the lawyer.
"They need to be proportional to the threat," she said.
Leonetti said it would be more common for an attorney who wasn't following orders to be held in contempt, not taken down.
"I cannot think of a time when courtroom security officers have used force against a lawyer," she said.
Leonetti said the marshals' actions have an "unfortunate appearance of retaliation," but she believes their response came from training.
"The optics of tackling the lawyer who won – the optics of that are unfortunate in any situation," Leonetti said.
Tung Yin, a Lewis & Clark Law School professor, also said he'd never heard of force being used against an attorney in court.
"I would say it is multiple standards of deviation away from the norm," he said.
Yin said the courtroom scene appeared to highlight how invested Mumford had become in his client's case – he shouted arguments instead of putting them in writing.
Prisoners in Nevada, at least, were paying attention, according to Deb Jordan, a self-described advocacy journalist who is the girlfriend and business partner of Pete Santilli.
Santilli was initially charged in the Oregon standoff case, but prosecutors dropped their conspiracy indictment against him the day before trial. He has a pending case in Nevada and is being held in jail there.
Jordan said she spoke to Santilli about how the inmates in Nevada reacted to authorities using a Taser on and arresting Mumford.
"They all just started laughing," she said. "Fight to the end! Never say die! It's been such a circus from the beginning. They just kind of chuckled and said, "Perfect ending.'"
Maxine Bernstein and Carli Brosseau of The Oregonian/OregonLive contributed to this report.
-- Rebecca Woolington
rwoolington@oregonian.com
503-294-4049; @rwoolington
Oh they better believe the optics are "unfortunate."
If the marshals were on him as soon as he raised his voice then they were waiting on him to "do something."
Which indicates they had planned this.
Which is conspiracy to obstruct justice by attacking with a taser an attorney that was effectively defending their client.
The judge told them to move back, but soon after, the marshals grabbed Mumford.
So the Judge tole the marshals to back up and they did not, they attacked the attorney anyway.
Planed conspiracy to obstruct justice and Assault.
Let the Oregon State Bar file a complaint requesting charges be brought against the marshals and they be arrested by the Sheriff.
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The dopey juvenile delinquent Obama has weaponized every federal employee and agency and turned them into agents of his Gestapo like administration. I am an old white guy and I expect to have to wear white star pinned to my shirt with OWG on it.
It's NEVER DONE.
What those hooligans did is destroy the Court itself by making themselves the Court.
The Government does NOT own the courtroom. The People do, and the Marshalls just work there. When they start taking sides violently IN THE COURTROOM, they have just attempted a coup AGAINST the People.
Those men are criminals who have turned a U.S. Federal court into a Stalinist show trial.
This judge is way over her head. She lacks the history to be appointed to this position.
They jumped the gun. This behavior wasn’t supposed to happen until Hillary had won the election. Then it will be employed against any of us uppity citizens who oppose the ruling hegemony. Vote Trump!
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US Marshal is an extra-constitutional office.
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Ernst Rohm would be SOOO proud! All together now, let’s sing the Horst Wessel!
That's who she is.
But reality is not her sick fantasies or bedroom behavior.
She doesn't understand reality and let those Brown Shirt goons get out of control.
A courtroom where Federal Marshalls attack the defense attorney?
Only in Stalinist Russia or Maoist China.
Every liberal is the brutal totalitarian thug.
Ernst Rohm would be SOOO proud! All together now, let’s sing the Horst Wessel!
” ... with experts saying they’d never seen anything similar happen before.”
I had pinged all of the legal eagles I have on file in this forum and not one of them had yet to respond.
In fact, someone on my ‘Wierd News and Adventure’ ping was so offended [that I thought this worthy of ‘weirdness and adventure’] that she asked to be removed from the list.
This is getting buried by Hillary v the FBI.
But I’ll keep at it, I promise.
Had not read it through yet [won’t have time to until offline], but ...
“Mumford yelled at the judge ...”
That’s a vague and unjust way of putting it.
recapping the Oregon Stanoff Trial ...
http://www.freerepublic.com/focus/news/3485843/posts
“If there’s a detainer show me,” Mumford stood, arguing before the judge.
Suddenly a group of about six U.S. Marshals surrounded Mumford at his defense table. The judge directed them to move back but moments later, the marshals grabbed on him.
“What are you doing?” Mumford yelled, as he struggled and was taken down to the floor.
As the deputy marshals yelled. “Stop resisting,” the judge demanded, “Everybody out of the courtroom now!”
Mumford was taken into custody ...
[snip]
Would like to see the judge through them in jail for thirty days for contempt of court. Would serve them right.
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>> “She doesn’t understand reality and let those Brown Shirt goons get out of control.” <<
What was she to do? Wrestle with her marshals?
They were in contempt of her order to stand back.
This was a major insurrection against the rule of law.
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Arthur, we’ll soon be attending America’s funeral.
Many that I once considered solid FReepers don’t give a damn.
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I’m shocked and outraged, but in a weird way the Marshall actions were somehow fitting:
You had a government that coaxed out and then needlessly and wantonly MURDERED an articulate, freedom-centric citizen in an unprovoked roadside ambush using machine-guns.
NO ONE ever shot at government soldiers, no one threatened them as they cowered in their crashed, bullet-ridden vehicle on the winter roadside.
So I think this is somehow fitting and I hope that EVERY citizen hears about this.
Video would be best, but we all need to know about the actions of a government that sees fit to use the IRS as an instrument of political terror, a government that buns down crowded churches and shoots mommies through the head.
This all coheres, all makes a complete picture, maybe ESPECIALLY the courtroom tasing of a defense lawyer.
It was retaliation .... they were pissed and struck out. Hope he sues their butts off.
“The optics of tackling the lawyer who won – the optics of that are unfortunate in any situation,” Leonetti said.
Uh yeah, and the agents were acting in contempt in defiance of the judge’s order.
Wasn’t there a bailiff to protect the judge?
Same way they murdered Lavay Finecum. The shoot him in the chest or ribs and when he reaches for where they shot him they suggest he was “going for a gun” which was their setup.
Exactly.
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