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Case 3:16-cr-00051-BR

Document 1136

Filed 08/29/16

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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.
AMMON BUNDY, et al.,
Defendants.

3:16-CR-00051-BR
DECLARATION OF DOUGLAS PAUL
ANGEL IN SUPPORT OF
GOVERNMENT'S RESPONSE TO
DEFENDANTS' MOTION TO
REOPEN MOTION TO SUPPRESS
FACEBOOK EVIDENCE

I, Douglas Paul Angel, declare:


1.

I am an Automated Litigation Support Specialist (hereinafter referred to as

"ALS") for the US Attorney's Office for the District of Oregon.


2.

In the Bundy Case I was assigned to the Filter Team along with Assistant United

States Attorney (hereinafter referred to as "AUSA") Michelle Kerin and Legal Assistant
(hereinafter referred to as "LA") David Felton. Our responsibility was to segregate materials

Case 3:16-cr-00051-BR

Document 1136

Filed 08/29/16

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into privileged and non-privileged silos. We would then provide each defendant with their own
privileged materials directly. Non-privileged materials would then be turned over to the
Prosecution Team. The last step was to return the original materials the Filter Team had
received to the FBI, and we would delete any files copied onto our computers to aid the process.
3.

My specific role was to physically separate the privileged materials from the non-

privileged materials. In the course of my work I distinctly remember dealing with jail calls, jail
kites, cell phone forensic reports, and Facebook data. I remember two rounds of Facebook data
coming in, the first in the middle of May, and the second in early June.
4.

The first round of Facebook data was comprised of approximately five discs, and

was physically handed to me by AUSA Craig Gabriel. He informed me that the "Ammon
Bundy" and, I believe, "Bundy Ranch" files were potentially privileged. He asked if I could
separate out the privileged materials from the non-privileged materials in my role as ALS on the
Filter Team. While I took the discs from AUSA Gabriel, I informed him that I would have to
verify the instructions with AUSA Kerin.
5.

After confirming the instructions with AUSA Kerin I proceeded to copy the

contents of all the discs onto my local hard drive, so the information would not be on our
network. I recall that the data came as large PDF files, whose filenames did not indicate to
which of the defendant's the Facebook material belonged. I remember having to open the PDF
to verify the defendant's name so I could sort them out. I created folders for each defendant, and
copied their specific Facebook data into their folder. I then created a privileged folder and a
non-privileged folder. I moved the Ammon Bundy and Bundy Ranch subfolders into the

Declaration of Douglas Paul Angel in Support of Government's Response to


Defendants' Motion to Reopen Motion to Suppress Facebook Evidence

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Case 3:16-cr-00051-BR

Document 1136

Filed 08/29/16

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moved the remaining subfolders into the non-privileged folder. I burned the privileged folder to
disc and provided them to either LA Felton or AUSA Kerin for discovery, through the Filter Team,
to Mr. Ammon Bundy's attorney. I copied the non-privileged folder to a network folder created
by ALS Susan Cooke.
6.

I received the second round ofFacebook data from AUSA Kerin along with jail

calls, jail kites, and cell phone forensic reports. I followed the same process as with the former
materials, creating a privileged folder and a non-privileged folder. I made subfolders in both
folders for each defendant, and then moved the materials for each defendant into their respective
folders. In doing so, I segregated the privileged from non-privileged materials. The Facebook
data was included as part of this process. When I was done I made a disc or discs of privileged
material for each specific defendant. I then hand carried these discs to either LA Felton or AUSA
Kerin for Filter Team discovery. The non-privileged materials were copied to an external drive
provided by ALS Rena Rallis who had replaced ALS Cooke on the Prosecution Team. The
original materials were returned to AUSA Kerin and all the data was deleted from my local drive.
7.

In preparing for this Declaration, I was asked to review the original discs given to

me by AUSA Kerin. In doing so, I determined that I received more Facebook accounts than what
was turned over to the prosecution team. I have no memory of why I did not transfer the materials
to ALS Rallis, but since I was the sole custodian of the data at that point, the mistake is clearly
mine. I take full responsibility for failing to provide the additional Facebook materials to the
Prosecution Team.
Ill

Declaration of Douglas Paul Angel in Support of Government's Response to


Defendants' Motion to Reopen Motion to Suppress Facebook Evidence

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Case 3:16-cr-00051-BR

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I declare that the foregoing is true and correct to the best of my knowledge. This
declaration was executed in Portland, Oregon, on August 26, 2016.

L
Automated Litigation Support Specialist

Declaration of Douglas Paul Angel in Support of Government's Response to


Defendants' Motion to Reopen Motion to Suppress Facebook Evidence

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