PORTLAND, Ore. (KOIN) — Gov. Kate Brown will not have to testify at the trial of Ryan Bundy and others involved in the takeover of the Malheur National Wildlife Refuge after Judge Anna Brown quashed Bundy’s subpoena of the governor.
Ryan Bundy issued the subpoena August 23 for Brown to appear at the trial and to produce any emails or memos between her and the FBI or other law enforcement agencies regarding the 41-day refuge occupation that weren’t already turned over to prosecutors.
But Brown cited federal doctrine and precedent in her order to quash the subpoena:
“The Court notes Ryan Bundy has not demonstrated Governor Brown has any personal knowledge of the law-enforcement response to the events at MNWR that is not otherwise available from other sources, notably including the law-enforcement officials present at the time who actually directed and carried out such operations. Moreover, even if it was relevant and established that Governor Brown’s public statements may have impeded the USFWS and BLM employees in the performance of their duties, there is not any showing that Governor Brown is an appropriate witness for such assertions because there is not any showing that she even knows which USFWS or BLM employees may have heard such statements and, in any event, how they may have reacted to those statements. Ryan Bundy, therefore, has failed to demonstrate that sufficient “extraordinary circumstances” exist that would justify compelling Governor Brown to appear to testify in this case.”
The trial for 8 defendants — Ammon Bundy, Ryan Bundy, Shawna Cox, Peter Santilli, David Lee Fry, Jeff Wayne Banta, Kenneth Medenbach and Neil Wampler — is set to begin September 7.
KOIN 6 News will continue to follow this story.