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| Verdict in Oregon Draws Surprise and Questions About Equity | Verdict in Oregon Draws Surprise and Questions About Equity |
| (about 17 hours later) | |
| It looked like an open-and-shut case. | It looked like an open-and-shut case. |
| Everybody knew that armed militia members led by Ammon Bundy and his brother, Ryan, had occupied a federal wildlife refuge in eastern Oregon starting on a bitterly cold day in January. The Bundys and their five co-defendants in Federal District Court in Portland never argued that they had taken over the Malheur National Wildlife Refuge buildings out of some mistake or accident. They knew full well, the defendants and their lawyers said, that the refuge was government property and that the government did not want them there. | Everybody knew that armed militia members led by Ammon Bundy and his brother, Ryan, had occupied a federal wildlife refuge in eastern Oregon starting on a bitterly cold day in January. The Bundys and their five co-defendants in Federal District Court in Portland never argued that they had taken over the Malheur National Wildlife Refuge buildings out of some mistake or accident. They knew full well, the defendants and their lawyers said, that the refuge was government property and that the government did not want them there. |
| But the jury, in a verdict on Thursday that surprised almost everyone, including the defendants and their lawyers, rejected the government’s case entirely, voting unanimously to acquit all seven defendants. | But the jury, in a verdict on Thursday that surprised almost everyone, including the defendants and their lawyers, rejected the government’s case entirely, voting unanimously to acquit all seven defendants. |
| “I’ve done more federal trials than I can count and I’ve never won like this,” said Matthew A. Schindler, a lawyer representing the defendant Kenneth Medenbach. | “I’ve done more federal trials than I can count and I’ve never won like this,” said Matthew A. Schindler, a lawyer representing the defendant Kenneth Medenbach. |
| Though the exact reasoning of the jurors, who came from across Oregon and were never identified by name in court, remains unknown, most onlookers blamed prosecutorial overreach — that the government stretched its case too far to fit the events at the refuge — or stumbles in the presentation of evidence. | Though the exact reasoning of the jurors, who came from across Oregon and were never identified by name in court, remains unknown, most onlookers blamed prosecutorial overreach — that the government stretched its case too far to fit the events at the refuge — or stumbles in the presentation of evidence. |
| In an attempt to end the 41-day standoff, the government sent paid informants into the refuge, about 225 miles southeast of Portland. But the prosecution only grudgingly admitted as much during the trial, and the protester’s lawyers used that fact to suggest that the government had something to hide, or had perhaps even induced occupiers into committing criminal acts. | In an attempt to end the 41-day standoff, the government sent paid informants into the refuge, about 225 miles southeast of Portland. But the prosecution only grudgingly admitted as much during the trial, and the protester’s lawyers used that fact to suggest that the government had something to hide, or had perhaps even induced occupiers into committing criminal acts. |
| The conspiracy charges leveled against the occupiers did not help either. Though often used for criminal enterprises — like a plot to steal money or to sell illegal drugs — conspiracy appeared to be a cloudier explanation for the occupation, which drew an array of people with grievances against Washington. | The conspiracy charges leveled against the occupiers did not help either. Though often used for criminal enterprises — like a plot to steal money or to sell illegal drugs — conspiracy appeared to be a cloudier explanation for the occupation, which drew an array of people with grievances against Washington. |
| In an election year fraught with allegations that the system is rigged against everyday people, many antigovernment activists interpreted the verdict as a potent sign that they still have some voice and power. | In an election year fraught with allegations that the system is rigged against everyday people, many antigovernment activists interpreted the verdict as a potent sign that they still have some voice and power. |
| “Vindicated. World news. Let’s take back the narrative America,” was the message posted Friday morning on the Bundy Ranch Facebook page. | “Vindicated. World news. Let’s take back the narrative America,” was the message posted Friday morning on the Bundy Ranch Facebook page. |
| But people angry about the acquittals were also energized and speaking out — with some saying that race had clouded the case. (All the occupiers were white.) And people involved in the case said the divisions would not be healed anyway. | But people angry about the acquittals were also energized and speaking out — with some saying that race had clouded the case. (All the occupiers were white.) And people involved in the case said the divisions would not be healed anyway. |
| Mr. Schindler, the lawyer, said in a telephone interview on Friday morning that he had just gotten off the phone with a caller who had threatened him. “‘We’re coming with guns to take adverse possession of your office,’” he quoted the caller as saying. | |
| Mr. Schindler laughed it off, but he said he had no doubt that the repercussions of Thursday’s verdicts were far from over. | Mr. Schindler laughed it off, but he said he had no doubt that the repercussions of Thursday’s verdicts were far from over. |
| During the occupation, the Bundys were cheered on — both in person and online — by members of the so-called Patriot Movement, a loose network of militia-type groups, who are deeply skeptical of federal power and sometimes attend protests armed with semiautomatic rifles. The government, militia group members say, is all powerful and out to take away rights and guns. | During the occupation, the Bundys were cheered on — both in person and online — by members of the so-called Patriot Movement, a loose network of militia-type groups, who are deeply skeptical of federal power and sometimes attend protests armed with semiautomatic rifles. The government, militia group members say, is all powerful and out to take away rights and guns. |
| The paradox of Thursday’s court verdict is that it delivered the exact opposite message. Supposed federal omnipotence and overreach became flat-footed haplessness in one brief, powerful court session, as the 12 jurors were polled about their conclusions, rejecting everything about the government’s case. | The paradox of Thursday’s court verdict is that it delivered the exact opposite message. Supposed federal omnipotence and overreach became flat-footed haplessness in one brief, powerful court session, as the 12 jurors were polled about their conclusions, rejecting everything about the government’s case. |
| The United States attorney for Oregon, Billy J. Williams, said in a statement on Thursday that prosecutors were disappointed with the outcome, but did not second guess the decision to bring the case to trial. | The United States attorney for Oregon, Billy J. Williams, said in a statement on Thursday that prosecutors were disappointed with the outcome, but did not second guess the decision to bring the case to trial. |
| “We strongly believe that this case needed to be brought before a court, publicly tried and decided by a jury,” he said. A spokesman for Mr. Williams said on Friday that there would be no further comment or interviews. | “We strongly believe that this case needed to be brought before a court, publicly tried and decided by a jury,” he said. A spokesman for Mr. Williams said on Friday that there would be no further comment or interviews. |
| Some people outraged by the verdict contrasted the acquittal to the way law enforcement officials and the courts have treated black people, and to Thursday’s arrests of 141 people in North Dakota, many of them from the Standing Rock Sioux Tribe, who had been blocking a pipeline project. | Some people outraged by the verdict contrasted the acquittal to the way law enforcement officials and the courts have treated black people, and to Thursday’s arrests of 141 people in North Dakota, many of them from the Standing Rock Sioux Tribe, who had been blocking a pipeline project. |
| “Apparently it’s legal in America for heavily armed white terrorists to invade Oregon,” Montel Williams, a former talk show host, wrote on Twitter. “Imagine if some black folk did this.” | “Apparently it’s legal in America for heavily armed white terrorists to invade Oregon,” Montel Williams, a former talk show host, wrote on Twitter. “Imagine if some black folk did this.” |
| The acquittals drew cheers that were less widespread, but no less passionate, than the criticisms. | The acquittals drew cheers that were less widespread, but no less passionate, than the criticisms. |
| “It gives some hope and some light to the people who are saying the country is lost,” said B.J. Soper, 40, a leader of the Pacific Patriots Network, who spent about 36 days on the fringes of the occupation, saying that he was providing security for the occupiers. The verdict was a sign, he added, that government officials needed to listen to everyday people, unless they want to be put “in harm’s way.” | “It gives some hope and some light to the people who are saying the country is lost,” said B.J. Soper, 40, a leader of the Pacific Patriots Network, who spent about 36 days on the fringes of the occupation, saying that he was providing security for the occupiers. The verdict was a sign, he added, that government officials needed to listen to everyday people, unless they want to be put “in harm’s way.” |
| On Friday afternoon in Portland, several dozen Black Lives Matter protesters marched through downtown and blocked a street where some of the freed defendants had gathered near the courthouse for a celebratory hot-dog cookout with supporters. | On Friday afternoon in Portland, several dozen Black Lives Matter protesters marched through downtown and blocked a street where some of the freed defendants had gathered near the courthouse for a celebratory hot-dog cookout with supporters. |
| As about 10 Portland police officers watched, some of the Black Lives Matters protesters burned an American flag, barely a quarter of a block from where the Malheur supporters had gathered with a half-dozen flags of their own on display. One man helping to burn the flag yelled, “This is not a terrorist threat!” A Malheur supporter yelled back, “I fought for that flag!” | |
| Some passing motorists honked their horns, though it was unclear which side they were cheering. | Some passing motorists honked their horns, though it was unclear which side they were cheering. |
| The occupiers took control of the Malheur National Wildlife Refuge for 41 days starting just after New Year’s Day, opposing both federal ownership of vast tracts of the West, and supporting a local ranching family, the Hammonds, who the occupiers said had been unfairly prosecuted. One occupation leader, LaVoy Finicum, was shot and killed — and Ryan Bundy wounded — in late January at a police roadblock during an arrest operation. The remaining occupiers held out for nearly three more weeks. | The occupiers took control of the Malheur National Wildlife Refuge for 41 days starting just after New Year’s Day, opposing both federal ownership of vast tracts of the West, and supporting a local ranching family, the Hammonds, who the occupiers said had been unfairly prosecuted. One occupation leader, LaVoy Finicum, was shot and killed — and Ryan Bundy wounded — in late January at a police roadblock during an arrest operation. The remaining occupiers held out for nearly three more weeks. |
| Whether Thursday’s verdict might lead to more clashes, protests or occupations is unknown, but R. McGreggor Cawley, a political-science professor at the University of Wyoming who has studied and written widely about land protests in the West, said he doubted that it would. He noted that during the standoff, few people responded to Ammon Bundy’s calls to join him and that the Bundy brothers and their father, Cliven, still face charges in a 2014 confrontation over the use of federal land in Nevada, where Cliven Bundy has a ranch. | Whether Thursday’s verdict might lead to more clashes, protests or occupations is unknown, but R. McGreggor Cawley, a political-science professor at the University of Wyoming who has studied and written widely about land protests in the West, said he doubted that it would. He noted that during the standoff, few people responded to Ammon Bundy’s calls to join him and that the Bundy brothers and their father, Cliven, still face charges in a 2014 confrontation over the use of federal land in Nevada, where Cliven Bundy has a ranch. |
| “We have a long tradition in this country of people resorting to protest politics, and all protest politics is the result of folks feeling that they are not getting a fair hearing from established institutions,” Professor Cawley said. “This is just the latest of a whole series of land disputes going back to the ‘Sagebrush Rebellion’ of the late ’70s, early ’80s.” | “We have a long tradition in this country of people resorting to protest politics, and all protest politics is the result of folks feeling that they are not getting a fair hearing from established institutions,” Professor Cawley said. “This is just the latest of a whole series of land disputes going back to the ‘Sagebrush Rebellion’ of the late ’70s, early ’80s.” |
| How Thursday’s verdicts might affect a second trial of Malheur occupiers, scheduled for February, is another uncertainty. Some defense lawyers representing Malheur occupiers said they believed the government might abandon that case, in which seven defendants are charged. | How Thursday’s verdicts might affect a second trial of Malheur occupiers, scheduled for February, is another uncertainty. Some defense lawyers representing Malheur occupiers said they believed the government might abandon that case, in which seven defendants are charged. |
| “How can you have the leaders acquitted and still go forward?” said Marcus R. Mumford, Ammon Bundy’s lawyer, who was surrounded by federal marshals and arrested in the courtroom after Thursday’s verdict. That came after Mr. Mumford vehemently protested that both Bundy brothers would continue to be held in federal custody while awaiting trial in Nevada next year. Mr. Mumford said he was cited for failure to comply with the lawful direction of a police office and impeding a federal officer. | “How can you have the leaders acquitted and still go forward?” said Marcus R. Mumford, Ammon Bundy’s lawyer, who was surrounded by federal marshals and arrested in the courtroom after Thursday’s verdict. That came after Mr. Mumford vehemently protested that both Bundy brothers would continue to be held in federal custody while awaiting trial in Nevada next year. Mr. Mumford said he was cited for failure to comply with the lawful direction of a police office and impeding a federal officer. |