Case 3:16-cr-00051-BR
Document 1867
Filed 02/09/17
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BILLY J. WILLIAMS, OSB #901366 United States Attorney District of Oregon ETHAN D. KNIGHT, OSB #992984 GEOFFREY A. BARROW CRAIG J. GABRIEL, OSB #012571
Assistant United States Attorneys ethan.knight@usdoj.gov geoffrey.barrow@usdoj.gov craig. gabriel@usdoj.gov 1000 SW Third Ave., Suite 600 Portland, OR 97204-2902 Telephone: (503) 727-1000 Attorneys for United States of America
UNITED STATES DISTRICT COURT DISTRICT OF OREGON
UNITED STATES OF AMERICA v.
AFFIDAVIT OF FBI SPECIAL AGENT KATHERINE ARMSTRONG IN SUPPORT OF GOVERNMENT'S SUPPLEMENTAL MEMORANDUM IN OPPOSITION TO MOTION TO SUPPRESS
DUANE LEO EHMER, Defendant.
STATE OF OREGON County of Multnomah
3:16-CR-00051-BR-10
) ) ss. )
1.
I, Katherine Armstrong, being first duly sworn, hereby depose and state as follows:
2.
I make this affidavit in support of the government's supplemental memorandum in
opposition to defendant Ehmer's Motion to Suppress Evidence (ECF No. 1708). 3.
I am a Special Agent with the Federal Bureau of Investigation and have been since
2014. I am currently assigned to the Portland Division of the FBI.
Case 3:16-cr-00051-BR
4.
Document 1867
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In January 2016, I was working on the investigation regarding the occupation of the
Malheur National Wildlife Refuge. The investigation involving the occupation of the MNWR involved FBI agents from all over the United States. 5.
On January 26, 2016, I was the affiant for a 31-page Affidavit setting forth probable
cause in support of arrest warrants for Ammon BUNDY, Jon RITZHEIMER, Joseph O'SHAUGHNESSY, Ryan PAYNE, Ryan BUNDY, Brian CAVALIER, Shawna COX, and Peter SANTILLI, for violations of 18 U.S.C. ยง 372, Conspiracy to Impede Officers of the United States from Discharging Their Official Duties Through the Use of Force, Intimidation, or Threats. The Affidavit contains a summary of the background of the occupation of the MNWR. U.S. 'Magistrate Judge Stacie F. Beckerman witnessed my signing of the Affidavit, and Judge Beckerman signed a Criminal Complaint for Ammon BUNDY, Jon RITZHEIMER, Joseph O'SHAUGHNESSY, Ryan PAYNE, Ryan BUNDY, Brian CAVALIER, Shawna COX, and Peter SANTILLI on January 26, 2016, which is ECF No. 14 in this case. 6.
On January 28, 2016, I was the affiant for a 38-page Affidavit setting forth probable
cause in support of arrest warrants for Jason PATRICK, Duane Leo EHMER, and Dylan ANDERSON, for violations of 18 U.S.C. ยง 372, Conspiracy to Impede Officers of the United States from Discharging Their Official Duties Through the Use of Force, Intimidation, or Threats. This affidavit's summary of the background of the occupation of the MNWR is similar to the background set forth in my January 26, 2016, Affidavit mentioned above. U.S. Magistrate Judge Stacie F. Beckerman witnessed my signing of the Affidavit, and Judge Beckerman signed a
II I
Affidavit of FBI SA Katherine Armstrong in Support of Government's Supplemental Memorandum in Opposition to Motion to Suppress
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Case 3:16-cr-00051-BR
Document 1867
Filed 02/09/17
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Criminal Complaint for Jason PATRICK, Duane Leo EHMER, and Dylan ANDERSON on January 28, 2016, which is ECF No. 1 in this case. 7.
In the Affidavit filed on January 28, 2016, specific facts supporting probable cause
that Duane Leo EHMER violated 18 U.S.C. § 372 are set forth in paragraphs 59-64. These paragraphs primarily detail posts to EHMER's public Facebook page from January 8-13, 2016. The Facebook posts consist of photographs of EHMER on the MNWR during the unlawful occupation and comments EHMER made during this time, including references to performing "guard duty," among other admissions. While this Affidavit was filed on January 28, 2016, all of the facts in paragraphs 59-64 were known to me several days before January 28, 2016, and certainly before EHMER's arrest on January 27, 2016. Prior to January 27, 2016, I had communicated with several other members of the investigative team, including the case agents and supervisor, regarding the probable cause I had gathered on EHMER. 8.
I therefore believe that the FBI had probable cause to arrest EHMER on January 27,
2016, for a violation of 18 U.S.C. § 372.
~~'"~~~, RNG THERINE ARMS Special Agent Federal Bureau oflnvestigation
SUBSCRIBED and SWORN to before me this__,_..___ day of February 2017. OFFICIAL STAMP
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KENNETH M SCANLON NOTARY PUBLIC-OREGON COMMISSION NO. 921481
Notary Public for Oregon
MY COMMISSION EXPIRES OCTOBER 24, 2017 -
Affidavit of FBI SA Katherine Armstrong in Support of Government's Supplemental Memorandum in Opposition to Motion to Suppress
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