According to an affidavit by FBI Special Agent Deborah A. DeVito, two men entered the lobby of the federal prison on March 21 in Edgefield, identified themselves as "Montana marshals" to a prison officer and told her they were there to take custody of Schweitzer. The men presented her with documents, including one that appeared to be a writ demanding that the warden relinquish custody of Schweitzer to "Marshal Ervin Elbert clan of Hurlbert."
One of the documents said, "United States of America Special appointed Marshal Ervin Elbert: clan of Hurlbert shall assume full responsibility for the custody of the Justice/Petitioner," meaning Schweitzer.
DeVito said the documents had been signed by Schweitzer and three former Edgefield inmates. Prison officials notified the Edgefield County Sheriff's Department and sheriff's officers arrested the men.
DeVito tried to interview Little, but he refused to answer questions. He repeatedly told the agent that he was a "process server, non-combatant." Little also told the agent he was not a United States citizen but an "American National Citizen" and a foreigner from the "Country of Montana."
DeVito said in her affidavit that Hurlbert waived his rights but refused to sign a waiver form. Hurlbert told the agent he owned his name and would not sign anything.
Hurlbert said Schweitzer had sent him documents, which he presented to the Edgefield prison officials. In the documents, Schweitzer said he was "volunteering to return to the Country of Montana."
Hurlbert also told the FBI agent that the codes of the "Country of Montana permit the establishment of their own Supreme Court and Justices."
Hurlbert said he would not have "resorted to violence in any way to liberate Schweitzer" but admitted having a 9mm handgun in his vehicle for personal security. He said the gun was registered in the "Country of Montana."
Hurlbert said Schweitzer had told him to contact the U.S. Coast Guard if the warden refused to honor the documents because the Coast Guard has immigration authority.