Posted on 02/14/2017 3:57:28 AM PST by Nextrush
FBI agents admit in court papers that they had no arrest warrant when they too Duane Ehmer into custody at a checkpoint outside the Malheur National Wildlife Refuge on Jan. 27, 2016, contrary to an agent's testimony earlier this week.
It wasn't until the day after Ehmer's arrest that a federal magistrate judge signed a criminal complaint against Ehmer based on an FBI agent's probable cause affidavit.
Ehmer's lawyer Michele Kohler has urged the judge to suppress evidence found in what she contentds was an unlawful search of Ehmer's car and horse trailer after his arrest without a warrant.
Prosecutors and the FBI said they had probable cause to arrest Ehmer, even if a judge hadn't yet signed a criminal complaint or arrest warrant. They also point out that Ehmer voluntarily signed an FBI consent form to search his vehicles......
In a declaration filed in court Thursday, FBI Special Agent Katherine Anderson said her probable cause affidavit filed the day after Ehmer's arrest details his Facebook posts earlier in the month of January 2016, displaying photos and admissions that he was performing guard duty at the refuge during the takeover....
FBI Special Agent Todd Scott, who is assigned to the agency's Denver division, had testified by phone earlier this week that he arrested Ehmer on a federal arrest warrant last winter.
In a written memo filed in court Thursday, Scott said he didn't realize the warrant hadn't been issued until the day after Ehmer's arrest until a prosecutor informed him after court this week......
(Excerpt) Read more at oregonlive.com ...
Judge Anna Brown should be ruling today on evidence usage related to this matter before jury selection begins for the trial of Ehmer and three other protesters from the Oregon Standoff.
This trial is more rigged than the trial where seven protest leaders were acquitted last fall with Judge Brown, not a jury deciding on guilt in the misdemeanor charges tacked onto these defendants.
In the face of the rigged process for this trial, three defendants cut plea deals with the federal government last week.
This whole thing stinks ,, and would be a wonderful entry point for the president to step into the entire western lands problem.
Gub mint controls waaay too much land in the west.
Belongs to the states, give it back to them.
My guess is the FBI didn’t need an arrest warrant as the guy was trespassing on Federal property. I see no claims of perjury, just FBI admits so and so. Which can be a mischaracterization of ‘stating the facts’.
I have sympathy for them. I do. It’s just that this article looks heavily nuanced and pre-texted to garner sympathy for the men.
Being white male and peacefully protesting doesn’t go over too well. It seems you have to be a violent fascist thug to properly protest these days.
“An FBI agent lied when giving testimony in court last week about the arrest of Duane Ehmer,”
But if you lie to the FBI, it’s a felony!
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