Occupiers’ lawyer seeks dismissal of conspiracy charge

PORTLAND (AP) — A defense lawyer in the Oregon wildlife refuge occupation case argued Monday that a federal conspiracy charge leveled against over two dozen people is constitutionally vague, could threaten free speech and should be dismissed.

Attorney Amy Baggio made that argument and others on the first day of legal motions in the case stemming from the Ammon Bundy-led 41-day armed occupation of the Malheur National Wildlife Refuge that started Jan. 2, The Oregonian/OregonLive reported.

The conspiracy charge provides a “sphere of protection” for federal employees, but it’s so broadly worded that it could restrict free speech and assembly designed to criticize the federal government, Baggio said.

Assistant U.S. Attorney Ethan Knight challenged Baggio’s statements, saying the conspiracy statute in this case is not about speech but about conduct. Knight said what makes their conduct criminal is the conspirators’ agreement to prevent federal officers from doing their work at the refuge.

U.S. District Judge Anna Brown said the statute does not criminalize mere criticism or mere protest.

“It criminalizes force, intimidation or threats against public employees preventing them from doing their jobs,” the judge said. Brown added that it’s OK to criticize U.S. Bureau of Land Management employees, but preventing them from doing their work on their property isn’t allowed under law.