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Document 349
Filed 03/29/16
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Plaintiff,
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v.
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KENNETH MEDENBACH, (16)
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Defendant.
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__________________________________)
Portland, Oregon
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TRANSCRIPT OF PROCEEDINGS
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(Detention Hearing)
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APPEARANCES:
FOR THE PLAINTIFF:
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FOR DEFENDANT
MEDENBACH:
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CRAIG GABRIEL
Assistant U.S. Attorney
U.S. Attorney's Office
1000 SW Third Avenue
Portland, OR 97204
(503)727-1000
KENNETH MEDENBACH
Pro Se
25795-086
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MATTHEW SCHINDLER
501 4th Street #324
Lake Oswego, OR 97034
(503)699-7333
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COURT REPORTER:
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AMANDA M. LeGORE
CSR, RDR, FCRR, CRR, CE
U.S. Courthouse
1000 SW Third Avenue Suite 301
Portland, OR 97204
(503)326-8184
Case 3:16-cr-00051-BR
Document 349
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P R O C E E D I N G S
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THE COURT:
Please be
seated.
Mr. Gabriel.
MR. GABRIEL:
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Medenbach.
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to represent himself.
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Schindler.
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confusion.
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Case 3:16-cr-00051-BR
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late February.
The clerk did docket the matter as a Faretta hearing
But
I'm
I can't tell.
MR. SCHINDLER:
THE DEFENDANT:
Go ahead.
MR. SCHINDLER:
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THE COURT:
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MR. SCHINDLER:
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All right.
And so we would like to have that
done today.
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The Court
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THE COURT:
Yes.
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hear what you have to say this morning, Mr. Medenbach, to see
you.
THE DEFENDANT:
THE COURT:
Yes.
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MR. GABRIEL:
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THE COURT:
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Count 4.
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against you.
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thing.
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person accused.
You have the absolute right to remain silent and not
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If you chose to
And
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So the
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THE DEFENDANT:
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THE COURT:
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I am.
All right.
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MR. GABRIEL:
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THE COURT:
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4, your Honor.
4.
Sorry.
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several times.
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admissibility of evidence.
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To help a defendant
To challenge the
But, in
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procedure.
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you face in this case, and to assist you to try to get the best
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result possible.
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good reason.
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then knows where the most likely path is for resolution that
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He
I just
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matter.
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And
He
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get from the Court a ruling that no one should tell the jury he
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And I so ruled.
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marshal's custody.
the jury after that trial, and they were concerned that the
evidence in the same way; that he wasn't able to make the legal
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Why would
a person do that?
And I simply said, Well, that was his choice, and so
it was honored and respected.
So I just relate that experience to you because it's
one fresh in my mind.
In that case, I -- when I did allow that man to
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can see from your attendance at the other proceedings the sheer
individually is voluminous.
You
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you.
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MR. SCHINDLER:
I think
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worked well over the course of the last few weeks, and I don't
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THE COURT:
All right.
We've
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accomplished.
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that.
All right?
THE DEFENDANT:
THE COURT:
Okay.
Indictment.
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THE DEFENDANT:
THE COURT:
All right.
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MR. GABRIEL:
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THE COURT:
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THE DEFENDANT:
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THE COURT:
Thank you.
Yes, I do.
All right.
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them generally.
I've spoken to
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the like.
error that no lawyer would have made and that there was nothing
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He's the
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should have asked you, you're not -- you do not have a license
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to practice law.
Is that right?
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THE DEFENDANT:
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THE COURT:
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THE DEFENDANT:
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THE COURT:
No.
All right.
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experience to do so?
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THE DEFENDANT:
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Well, I understand.
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THE COURT:
That's
not correct.
anybody.
be allowed to make.
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with civil?
THE COURT:
No.
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experience.
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proceeding.
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prosecutors.
would.
issue.
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So
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reviewed later.
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THE DEFENDANT:
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Medford, on --
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THE COURT:
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THE DEFENDANT:
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Right.
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In a
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THE DEFENDANT:
there, also.
THE COURT:
difference of opinion.
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everyone.
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THE DEFENDANT:
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stay within some -- you know, he doesn't want to get you upset.
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THE COURT:
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THE DEFENDANT:
I'm sorry.
Say it again?
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So he has to
THE COURT:
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if you didn't follow the ruling, you could be taken out of the
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room.
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your own.
right to a lawyer.
motions.
Setting
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THE DEFENDANT:
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THE COURT:
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Yeah.
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for making the legal arguments, for filing the papers, for
at a significant disadvantage.
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THE DEFENDANT:
Okay.
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THE COURT:
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THE DEFENDANT:
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THE COURT:
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THE DEFENDANT:
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THE COURT:
You
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counsel.
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any review of the legal decisions I make in the case, you won't
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THE DEFENDANT:
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THE COURT:
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Yeah, I understand.
Okay.
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THE DEFENDANT:
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THE COURT:
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THE DEFENDANT:
Not at all.
I've
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got a holy spirit who lives in me, and he'll guide me through
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this.
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This is a small
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THE COURT:
I do.
years now, I've never once seen a person make the decision
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THE DEFENDANT:
life in heaven.
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THE COURT:
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All right.
All right.
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you are bound by the rulings that I make, whether you agree
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THE DEFENDANT:
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THE COURT:
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Yes.
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THE DEFENDANT:
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THE COURT:
I understand.
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would run the risk of being removed from the courtroom, so that
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THE DEFENDANT:
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THE COURT:
I understand.
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THE DEFENDANT:
THE COURT:
THE DEFENDANT:
THE COURT:
No.
No.
THE DEFENDANT:
No.
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THE COURT:
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THE DEFENDANT:
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THE COURT:
Yes.
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If I do end
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your direction, but he's not the -- that's not the same as
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THE DEFENDANT:
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THE COURT:
I understand.
All right.
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process?
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MR. GABRIEL:
On the matter of
supervised release.
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THE COURT:
We go
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me you understood.
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on supervision.
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THE DEFENDANT:
(Nods head.)
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THE COURT:
THE DEFENDANT:
THE COURT:
(Nods head.)
Yes.
THE DEFENDANT:
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THE COURT:
I understand.
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Mr. Gabriel.
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be in writing.
These need to
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it.
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counsel, then once you've read it, please sign it, and then
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THE DEFENDANT:
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THE COURT:
All right?
Okay.
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THE DEFENDANT:
about.
THE COURT:
About
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(Pause, referring.)
THE COURT:
All right.
record.
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THE DEFENDANT:
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THE COURT:
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Is that
Yes, it is.
think I asked you this, but I want to be sure about the record.
Has anyone put any pressure on you to make this
decision --
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THE DEFENDANT:
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THE COURT:
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No.
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THE DEFENDANT:
THE COURT:
Yes, it is.
All right.
counsel.
He is making a
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MR. SCHINDLER:
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THE COURT:
(Nods head.)
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issue of release.
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THE DEFENDANT:
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THE COURT:
Yes.
All right.
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your feet.
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THE DEFENDANT:
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THE COURT:
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THE DEFENDANT:
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Okay.
Go ahead.
Motion to dismiss for lack of
jurisdiction.
First, why would we, the people of the United States,
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didn't.
We
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Constitution does not confer upon the federal courts the power
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wrongly decided.
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should be overruled.
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this Constitution.
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Article
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judicial review.
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and the Tenth Amendment, which states the powers are not
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Since judicial
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The Congress
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ownership.
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to the states.
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2, and the Tenth Amendment; and the 1976 Federal Land Policy
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the right of the people to keep and bear arms shall not be
infringed.
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and this Court cannot try me on any one of these -- anyone else
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land.
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be fruitful and multiply, fill the earth, and subdue the earth.
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The earth is created for the people to farm, grant, mine, log,
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public works.
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planet.
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If we,
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the people of the United States, don't step up and subdue the
crying.)
(Defendant
THE COURT:
MR. GABRIEL:
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against the United States two years ago, and the same issue was
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jurisdiction.
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He brought a claim
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in law or fact.
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claim before Judge McShane, related to the judge's oath and the
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jurisdiction.
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THE COURT:
response?
THE DEFENDANT:
THE COURT:
THE DEFENDANT:
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THE COURT:
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that's on record.
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speak.
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No.
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I let you
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THE DEFENDANT:
THE COURT:
MR. SCHINDLER:
Yes.
Mr. Medenbach is
THE COURT:
MR. SCHINDLER:
That's fine.
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THE COURT:
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MR. SCHINDLER:
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THE COURT:
Thank you.
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conferring.)
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THE DEFENDANT:
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THE COURT:
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THE DEFENDANT:
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Okay.
Go ahead, sir.
Did you want to finish what you were
talking about?
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THE COURT:
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wanted to make.
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THE DEFENDANT:
I need to take up
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(Pause, referring.)
All right.
You've made
for the reasons he stated on the record, and that motion was
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THE DEFENDANT:
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La Pine, Oregon.
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MR. SCHINDLER:
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THE COURT:
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Yes.
If it would be appropriate, could I
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THE COURT:
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MR. SCHINDLER:
May I?
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THE DEFENDANT:
Yes.
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MR. SCHINDLER:
Thank you.
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THE COURT:
Go ahead.
Yes.
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MR. SCHINDLER:
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impede.
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dollars.
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this point.
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see a jury.
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prospect.
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THE COURT:
I am thrilled at that
Or -- or earlier.
Or earlier.
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MR. SCHINDLER:
Okay.
context of -- you know, Mr. Medenbach has been in jail now for
a period of -- what?
THE COURT:
MR. SCHINDLER:
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this hearing.
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His conduct
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here today.
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But
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the law.
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situation.
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THE COURT:
You
And so I
All right.
MR. SCHINDLER:
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accepts that he did not comply with the -- with the initial
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Thank you.
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THE COURT:
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MR. GABRIEL:
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Mr. Gabriel?
Yes, your Honor.
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did, in November.
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Thank you.
He
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refuge.
that truck.
He stole a truck.
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sense.
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THE COURT:
All right.
to add?
PRETRIAL SERVICES OFFICER STRANIERI:
echo the Government's concerns, your Honor.
We would just
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THE COURT:
Okay.
anything else?
conferring.)
THE COURT:
So,
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THE DEFENDANT:
brought right back.
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to Burns.
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back.
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THE COURT:
All right.
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Is that right?
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THE COURT:
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MR. GABRIEL:
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THE COURT:
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THE COURT:
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I have a call
A jury trial?
A jury trial.
Yes, ma'am.
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conflict.
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That's
The
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you're not here, and we'll have to deal with the consequence of
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that.
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just made.
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two places.
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THE COURT:
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I may have
MR. GABRIEL:
Medford.
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THE DEFENDANT:
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I don't
know.
THE DEFENDANT:
On the 6th?
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THE COURT:
THE DEFENDANT:
THE COURT:
Maybe.
Maybe, not.
Mr. Medenbach.
District Court for the District of Oregon show that you do not
conditions of release.
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So to
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denied.
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All right.
MR. GABRIEL:
THE COURT:
THE COURT:
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Is that right?
That's my
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Do you know?
MR. GABRIEL:
matter, your Honor.
Yes.
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THE COURT:
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MR. SCHINDLER:
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Anything else?
All right.
But the Court is going to enter an
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THE COURT:
Yes.
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case.
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All right.
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Judge McShane is
--oOo--
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is not certified.
and format comply with those prescribed by the Court and the
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