Malheur standoff AP file

The "Real 3%ers of Idaho" have filed for "friend of the court" status to intervene in support of an appeal by four Malheur National Wildlife Refuge occupiers challenging their misdemeanor convictions, the Oregonian reports today. The group asked the 9th Circuit U.S. Court of Appeals to consider allowing it to file a friend-of-the-court brief in support of refuge occupiers Jake Ryan, Jason Patrick, Duane Ehmer and Daryl William Thorn, who are appealing their felony and misdemeanor convictions in the armed takeover of the wildlife sanctuary in January 2016. All four have served prison time and are out of custody on federal supervised release, writes Oregonian reporter Maxine Bernstein.

The 3%ers are represented by Montana resident Roger L. Roots, a convicted felon who was allowed to serve as a volunteer paralegal for Ryan Bundy in the Oregon standoff case; he filed the friend-of-the-court motion on behalf of the “Real 3% ers of Idaho’’ and the “Idaho Political Prison Foundation.’’

Roots wrote in the motion that the 3%ers believe the four men should have been convicted on their misdemeanor charges by a jury, rather than a judge; the judge in the case found that Congress explicitly intended required petty offenses to go before a U.S. magistrate judge, not a jury. The Oregonian's full story is online here.

Betsy Z. Russell is the Boise bureau chief and state capitol reporter for the Idaho Press and Adams Publishing Group. Follow her on Twitter at @BetsyZRussell.

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