Analysis of Bias and Errors in the
Investigation Regarding Matt Shea
8 January 2020
Prepared by:
Anson Bartrand
Ted Hile
Table of Contents
List of Tables ............................................................................................................................ iv
List of Figures............................................................................................................................ v
Executive Summary ................................................................................................................. vi
Section I
Introduction to the Study ................................................................................................. 1
Introduction ..................................................................................................................... 1
Statement of the Problem ..................................................................................... 1
Significance of the Study ..................................................................................... 1
Scope of the Study ............................................................................................... 2
Source of Data ..................................................................................................... 2
Limitations of the Study ....................................................................................... 2
Section II
Analysis of Bias in the Investigative Report..................................................................... 4
Professional Conflicts of Interest .......................................................................... 4
Incorrect or Misleading Word Choice................................................................... 5
Phraseology Which Suggests Bias ........................................................................ 5
Association Fallacy .............................................................................................. 6
Unethical Scope of the Investigation .................................................................... 6
Section III
Selection of Evidence Used by the Investigative Report................................................... 8
Use of Metadata ................................................................................................... 8
Failure to Contact Key Witnesses ......................................................................... 8
Use of Irrelevant Events in the Investigation ........................................................ 9
Section IV
Analysis of Key Finding #1 ........................................................................................... 10
Introduction ....................................................................................................... 10
Timeline of Key Finding #1 and Analysis .......................................................... 10
Conclusion ......................................................................................................... 12
Section V
Analysis of Key Finding #2 ........................................................................................... 14
Analysis of Bias and Errors in the Investigation Regarding Matt Shea
i
Introduction ....................................................................................................... 14
Timeline of Key Finding #2 and Analysis .......................................................... 14
Conclusion ......................................................................................................... 15
Section VI
Analysis of Key Finding #3 ........................................................................................... 17
Introduction ....................................................................................................... 17
Timeline of Key Finding #3 and Analysis .......................................................... 17
Conclusion ......................................................................................................... 31
Section VII
Analysis of the Findings Contained in Section 2 ............................................................ 32
Introduction ....................................................................................................... 32
Analysis of Finding #1 ....................................................................................... 32
Analysis of Finding #2 ....................................................................................... 32
Analysis of Finding #3 ....................................................................................... 33
Analysis of Finding #4 ....................................................................................... 33
Analysis of Finding #5 ....................................................................................... 35
Analysis of Finding #6 ....................................................................................... 37
Analysis of Finding #7 ....................................................................................... 38
Analysis of Finding #8 ....................................................................................... 39
Conclusion ......................................................................................................... 39
Section VIII
Analysis of Other Sections of the Report ....................................................................... 41
Analysis of Investigative Report’s Timeline of Events ....................................... 41
Analysis of Investigative Report’s Section 4: Political Violence ......................... 41
Analysis of Investigative Report’s Section 5: Shared Strategy ............................ 44
Analysis of Investigative Report’s Section 6: Tactics ......................................... 45
Analysis of Investigative Report’s Section 7: Communications .......................... 46
Section IX
Recommendations ......................................................................................................... 47
Analysis of Bias and Errors in the Investigation Regarding Matt Shea
ii
Available Choices .............................................................................................. 47
Liability Assessment of Maintenance of the Situation ........................................ 48
Liability Assessment of Expulsion from the Legislature ..................................... 49
Liability Assessment of Resumption of Previous Status ..................................... 49
Recommendations .............................................................................................. 49
References................................................................................................................................ 51
Analysis of Bias and Errors in the Investigation Regarding Matt Shea
iii
LIST OF TABLES
Table
1. Phrases Used in Investigative Report Which Suggest Bias ..................................................... 10
Analysis of Bias and Errors in the Investigation Regarding Matt Shea
iv
LIST OF FIGURES
Figure
1. Number of Representatives Necessary to Expel Rep. Shea .................................................... 48
Analysis of Bias and Errors in the Investigation Regarding Matt Shea
v
Executive Summary
INTRODUCTION
This study was conducted to determine the negative impact of bias on the investigation of Matt
Shea and locate errors and unjustified conclusions within the investigative report. This analysis
of the report is limited to an analysis of the Report of Investigation Regarding Representative
Matt Shea prepared for the Washington State House of Representatives by Rampart Group LLC
and makes recommendations solely on the reasonable doubt present in this investigation.
FINDINGS
The findings of this analysis of the report indicate that the Report of Investigation Regarding
Representative Matt Shea was negatively impacted by bias and unjustified conclusions are
present within the report. Additionally, errors and unjustified conclusions throughout the report
indicate the lack of review on the part of Rampart Group LLC.
CONCLUSIONS
The main conclusion drawn from this analysis of the report is that the Report of Investigation
Regarding Representative Matt Shea does not warrant the removal of Representative Shea from
the his position as Washington State District #4 Representative. The lack of evidence to confirm
that Representative Shea engaged in acts of political violence or domestic terrorism demonstrates
a reasonable doubt that Representative Shea participated in these actions. Furthermore, the
presence of these errors suggests that the investigative report was published without sufficient
review. This analysis of the report recommends, therefore, that Representative Shea be reinstated
in the Washington State House Republican Caucus and returned to all committee positions
received as a result of his membership in the House Republican Caucus.
Analysis of Bias and Errors in the Investigation Regarding Matt Shea
vi
Analysis of Bias and Errors in the Investigation Regarding Matt Shea
Section I
Introduction to the Study
Introduction
In 2018, 39,572 voters in Washington Legislative District 4 voted for Matt Shea with the
expectation that he would represent and serve them in the Washington State House of
Representatives.1 An unfair and unjustified removal from office would potentially disenfranchise
these voters. This analysis of the report seeks to probe the report commissioned by the
Washington State House of Representatives and prepared by Rampart Group LLC2 for bias,
errors, and unjustified conclusions.
Statement of the Problem
The purpose of this analysis of the report is to analyze the negative impact of bias on the
investigation of Matt Shea and locate errors which may have led to unjustified conclusions
within the investigative report prepared by Rampart Group LLC.
Significance of the Study
There are four primary parties that will benefit from this analysis of the report. The first party,
Matt Shea, will be provided a copy of this analysis of the report, in which the bias, revealed
through errors and unjustified conclusions of the investigative report, are pointed out. The
second party that may benefit from this analysis of the report is the voters of Washington
Legislative District 4 who voted for Matt Shea, feeling that he was the best candidate to
represent and serve them in the Washington State legislature. The third party benefited is the
Washington State House of Representatives Republican Caucus, which has enjoyed the
1
2
Washington Secretary of State, “November 6, 2018 General Election Results,” (Olympia, Elections Division, 2018).
Kathy Leodler and Paul Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State
House of Representatives,” (Silverdale, Rampart Group, 2019), 4.
Analysis of Bias and Errors in the Investigation Regarding Matt Shea
1
membership and efforts of Matt Shea since 2009.3 Finally, the Washington State House of
Representatives as a whole will benefit from the alternative views often offered by Matt Shea.
His input will continue to help formulate solutions which are equitable for people of all political
philosophies.
Scope of the Study
This analysis of the report focuses primarily on the Report of Investigation Regarding
Representative Matt Shea prepared on the first of December 2019 by Rampart Group LLC on
behalf of the Washington State House of Representatives. 4 This analysis of the report also
includes sources necessary to identify bias, errors, and unjustified conclusions found within the
report prepared by Rampart Group LLC.
For the purposes of this analysis of the report, the following definitions are used.
Bias: A prejudice or inclination for or against a particular person, group, or thing when
compared with another in a way that is considered unfair.
Error: A deviation from truth or accuracy.
Unjustified Conclusion: A conclusion made which cannot be demonstrably verified.
Sources of Data
The sources of data for this analytical study include the Report of Investigation Regarding
Representative Matt Shea Washington State House of Representatives and all sources necessary
to address the errors and bias present throughout the investigative report. These sources include
sources cited for the investigative report which were inaccurately applied and sources which
directly contradict the claims made in the report.
Limitations of the Study
3
4
Washington Secretary of State, “November 4, 2008 General Election Results,” (Olympia, Elections Division, 2008).
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 4.
Analysis of Bias and Errors in the Investigation Regarding Matt Shea
2
This analysis of the report is limited to only verifiable bias, errors, and unjustified conclusions in
the Report of Investigation Regarding Representative Matt Shea. Bias and errors present in the
witness statements and other sources utilized by Rampart Group LLC were not necessarily
checked for accuracy by this analysis of the report.
Analysis of Bias and Errors in the Investigation Regarding Matt Shea
3
Section II
Analysis of Bias in the Investigative Report
Professional Conflicts of Interest
The investigative report commissioned by the Washington State House of Representatives shows
only two senior investigators who participated in its composition: Kathy Leodler and Paul
Leodler.5 According to the investigative report prepared by Rampart Group LLC, “investigators
had no past or present professional, social or otherwise relationship with any of the members of
the Washington State House of Representatives, Representative Shea, witnesses or other
confidential sources of information.”6 However, simply accepting a contract to investigate Matt
Shea and his associates is a relationship in and of itself.
Kathy Leodler, as owner and CEO of Rampart Group LLC, has a direct present, professional
relationship with all members of the Washington State House of Representatives, as her firm
received the Washington State House of Representatives’ contract to investigate Matt Shea and
his associates.7 Similarly, Paul Leodler, as Executive Vice President of Rampart Group LLC, has
a direct present professional relationship with all members of the Washington State House of
Representatives.8
Furthermore, Kathy Leodler’s positions as both special agent and executive leader in the FBI
jeopardize her credibility, as the FBI was involved in two of the main conflicts addressed in the
investigative report and serves as one of the sources upon which the report was composed.9
5
6
7
8
9
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 1.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 5.
Rampart Group, “Kathy Leodler,” Accessed December 25, 2019, http://rampartgroup.com/rampart-team-kathyleodler.
Rampart Group, “Paul Leodler,” Accessed December 25, 2019, http://rampartgroup.com/rampart-team-paul-leodler.
Beth Anne Steele, “FBI Surrounds Occupiers at the Malheur National Wildlife Refuge,” Federal Bureau of
Investigation, accessed December 24, 2019, https://www.fbi.gov/contact-us/field-offices/portland/news/pressreleases/fbi-surrounds-occupiers-at-the-malheur-national-wildlife-refuge.; Abby Ellis, Sarah Childress and
Richard Rowley, “New Video Shows Undercover FBI Operation Against Bundy Family,” accessed December 24,
2019, https://www.pbs.org/wgbh/frontline/article/new-video-shows-undercover-fbi-operation-against-bundy-
Analysis of Bias and Errors in the Investigation Regarding Matt Shea
4
Incorrect or Misleading Word Choice
In section A of the Report of Investigation Regarding Representative Matt Shea, to ‘engage in’ is
defined as “to take part in a particular activity; to join in or participate or be a part of or
associated with a person, thing, action, or cause.”10 Rampart Group’s definition in the study
appears to be incorrect and misleading; In the Oxford, Merriam-Webster’s, and American
Heritage Dictionaries, to ‘engage in’ has no definitional implications concerning associations
with a person, thing, action, or cause.11
Additionally, this analysis of the report acknowledges the definition of ‘promote’ in the Rampart
Group’s study to be accurate: “to further the progress of an action or cause; to support or actively
encourage.”12 This analysis of the report considers the accidental or unintentional advancement
of the progress of an action or cause to be within the definition of the word “promote.”
Phraseology Which Suggests Bias
Throughout the investigative report, the frequent use of the expressions “more probable than
not,” “more likely than not” and “ostensibly” indicates that the evidence obtained by the
investigators does not support all of the conclusions ascertained by the investigators.13
Additionally, the investigative report twice describes an online posting made by Representative
Shea as a “call to arms” while no request is made by Representative Shea in either posting for the
readers to bring firearms or any form of weapon.14 This suggests that investigators had
preconceived notions of Representative Shea as a legislator who encouraged violent acts against
the United States government.
10
11
12
13
14
family; Rampart Group, “Kathy Leodler,” Accessed December 25, 2019, http://rampartgroup.com/rampart-teamkathy-leodler.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 4.
Oxford English Dictionary, 2nd ed. (Oxford: Oxford University Press, 2004), s.v. “Engage.”; Merriam-Webster’s
Collegiate Dictionary, 11th ed. (Springfield: Merriam Webster, 2003), s.v. “Engage.”; American Heritage
Dictionary, 5th ed. (Boston: Houghton Mifflin, 2011), s.v. “Engage.”
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 4.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 12-81.
Dutchman6, “Open Letter from Rep. Matt Shea,” Sipsey Street Irregulars, accessed December 24, 2019,
http://sipseystreetirregulars.blogspot.com/2014/04/open-letter-from-rep-matt-shea.html; Leodler and Leodler,
“Report of Investigation Regarding Representative Matt Shea Washington State House of Representatives,” 12,
79.
Analysis of Bias and Errors in the Investigation Regarding Matt Shea
5
Phrase
Location in Investigative Report
Description of Use
“More probable than
P14¶6, P16¶3, P17¶1, P17¶5,
This expression is used in the report
not”
P19¶1, P22¶7, P26¶2, P31¶2,
to justify certain claims regarding
P33¶3, P50¶9, P68¶4, P81¶5 (3)
Rep. Shea.
P30¶7
This expression is used to justify a
“More likely than
not”
“Call to arms”
certain claim.
P12¶1 (2), P79¶6
This expression is used as a
description of certain online postings.
“Ostensibly”
P78¶3
This word is used with a claim that
Representative Shea gave
confidential information to armed
militants at the Malheur Refuge.
Table 1: Phrases Used in Investigative Report Which Suggest Bias
Association Fallacy
An association fallacy occurs when an irrelevant association leads one to believe that the
qualities of one person or thing are inherently qualities of another.15 Association fallacies are
widely considered to be unethical and not legally recognized without supporting evidence.16
Throughout the report, frequent conclusions are drawn from Representative Shea’s associations
with individuals, groups and the Patriot Movement.17 However, without corroborating evidence
to justify these claims, the conclusions drawn from Representative Shea’s associations by
investigators are not legally recognized and are therefore not recognized as just evidence by this
analysis of the report.
Unethical Scope of the Investigation
The investigation of Representative Shea commissioned by the Washington State House of
Representatives included the following directives:
15
16
17
Legal Dictionary, “Guilt by Association,” Accessed December 25, 2019, https://legaldictionary.net/guilt-byassociation.
Legal Dictionary, “Guilt by Association,” Accessed December 25, 2019, https://legaldictionary.net/guilt-byassociation.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 1-108.
Analysis of Bias and Errors in the Investigation Regarding Matt Shea
6
•
“Determine whether Representative Shea was engaged in, planned, or promoted political
violence against groups or individuals.”
•
Identify the extent of Representative Shea's involvement with groups or individuals who
promote, engage in or plan political violence against group or individuals, and the nature
of the activities in which these individuals or groups are engaged.”
•
Assess the level of threat of political violence posed by these individuals and groups.”18
The second and third directives issued by the Washington State House of Representatives both
attempt to implicate Representative Shea using guilt by association (association fallacy), despite
the unethical nature of association fallacies.
18
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 4.
Analysis of Bias and Errors in the Investigation Regarding Matt Shea
7
Section III
Selection of Evidence Used by the Investigative Report
Use of Metadata
Throughout the investigative report, investigators relied extensively on the use of metadata to
determine authorship of documents, dates and times of a document’s composition, etc. as
evidence of Representative Shea’s involvement and support of political violence.19 However, the
relative ease of altering and forging metadata of documents leads this analysis of the report to
question the authenticity of evidence in the form of metadata.20
Failure to Contact Key Witnesses
This analysis of the report finds that the investigators failed to contact Jack Robertson, founder
and director of AmRRON.21 Both Jack Robertson and AmRRON were referenced repeatedly
throughout the investigative report.22 However, according to Jack Robertson, Rampart Group
failed to “simply [reach] out to us,” meaning AmRRON. Jack Robertson further describes
Rampart Group’s actions as “recklessly irresponsible and grossly negligent.”23 Also, the
investigators claim that Representative Shea “declined to be interviewed in [Rampart Group’s]
investigation.” However, a declination is, by definition, an active response. 24 Furthermore,
according to the investigative report, Mr. Lamb, attorney for Representative Shea, agreed to
respond to the investigator. No mention is made of any further attempts made by either party to
19
20
21
22
23
24
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 1-108.
Microsoft Office, “View or change the properties for an Office file,” Accessed December 27, 2019,
https://support.office.com/en-us/article/view-or-change-the-properties-for-an-office-file-21d604c2-481e-43798e54-1dd4622c6b75.
John Jacob Schmidt, “Rampart Sham – Part 1: AmRRON Attacked With Lies, Innuendos in Left Wing Driven Attack
on Patriot Legislator,” AmRRON, accessed December 26, 2019, https://amrron.com/2019/12/22/rampart-shampart-1-amrron-attacked-with-lies-innuendos-in-left-wing-driven-attack-on-patriot-legislator.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 1-108.
John Jacob Schmidt, “Rampart Sham – Part 1: AmRRON Attacked With Lies, Innuendos in Left Wing Driven Attack
on Patriot Legislator,” AmRRON, accessed December 26, 2019, https://amrron.com/2019/12/22/rampart-shampart-1-amrron-attacked-with-lies-innuendos-in-left-wing-driven-attack-on-patriot-legislator.
Merriam-Webster’s Collegiate Dictionary, 11th ed. (Springfield: Merriam Webster, 2003), s.v. “Decline.”
Analysis of Bias and Errors in the Investigation Regarding Matt Shea
8
conduct the interview.25 This analysis of the report finds that both parties were afforded the
opportunity to reach out to the other, but neither party chose to pursue the interview.
Use of Irrelevant Events in the Investigation
The frequent and repetitive use of irrelevant events in the investigative report released by
Rampart Group distracts and confuses the reader from the scope of the investigation
commissioned by the Washington State House of Representatives. 26 These irrelevant events
include the election of former President Obama in 2008, traffic infractions, Representative
Shea’s divorce, etc.27 These events are not relevant to the investigation of Representative Shea.
25
26
27
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 6.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 1-108.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 37-39.
Analysis of Bias and Errors in the Investigation Regarding Matt Shea
9
Section IV
Analysis of Key Finding #1
Introduction
Key Finding #1 of the Report of Investigation Regarding Representative Matt Shea states that
“Representative Shea traveled to and engaged in the 2014 armed conflict at Bunkerville, Nevada
during April 2014.”28
Timeline of Key Finding #1 and Analysis
The actions taken by Representative Shea mentioned in the Report of Investigation Regarding
Representative Matt Shea to support Key Finding #1 are as follows:
April 9, 2014: Representative Matt Shea dispatched Liberty for All (LFA) – Washington Militia
Leader Anthony Bosworth to the site of the conflict near Bunkerville, NV to assess the situation.
On the same day, the Oath Keepers militia announced that Representative Shea was leading a
group of state legislators and others to the Bundy Ranch in support of the Bundy Standoff.29
Analysis
Representative Shea’s dispatchment of Anthony Bosworth to assess the situation does not reveal
any malintent or desire for political violence. The only revelation that comes forth from this
dispatchment is that Matt Shea wanted to learn more of what proceedings were taking place at
the Bundy Ranch by assessing the situation.30
The statement made by Oath Keepers militia, announcing Representative Shea’s support is
stated, but not cited in the investigative report composed by Rampart Group LLC. 31 This is
simply an unverified assertion.
28
29
30
31
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 11.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 11.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 11.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 11.
Analysis of Bias and Errors in the Investigation Regarding Matt Shea
10
April 10, 2014: Representative Matt Shea posted the following statement on the Sipsey Street
III% blog:
"We dispatched a group of patriots from Washington State to Nevada to report directly what is
happening on the ground and to be vigil of prayer for peace and freedom at the Bundy Ranch.
Enough is enough. A sniper rifle is not due process and I agree with the Nevada Governor this is
pure intimidation especially since the court case has not even run its course. NOW IS THE
TIME TO STAND.” He goes on to ask for prayer for all traveling to the Bundy Ranch. Then, he
advises the readers, “I have put out the call to legislators in 5 states to join Representative David
Taylor and me in traveling to Nevada in support of State Assemblywoman Michele Fiore and the
Bundy family.” He states in his open letter, this call out was in conjunction with the call out to
the Constitutional Sheriffs and Peace Officers Association (CSPOA) and the Oath Keepers. He
also invited all patriots in Washington and Idaho to travel to Nevada and “stand against tyranny
on the range.” He concluded with, “This involves all of us. It will take all of us to restore a God
honoring Constitutional Republic.”32
Analysis
The investigative report claims that this message was posted by Representative Shea on the tenth
of April 2014, at 1:47 p.m.33 However, this message was posted on behalf of Representative Shea
by blogger Dutchman6 at 9:01 p.m.34 This post on the tenth of April in the year 2014 asks people
to stand in support of the Bundys. There is no request made by Matt Shea for protesters to bring
firearms or participate in an act of political violence. The wording in Matt Shea’s post does not
demonstrate that Matt Shea had any other desire than for a peaceful protest. However, the report
later describes this post as a “call to arms” which is unfounded according to the wording of
Representative Shea’s post.35
32
33
34
35
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 11.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 11.
Dutchman6, “Open Letter from Rep. Matt Shea,” Sipsey Street Irregulars, accessed December 24, 2019,
http://sipseystreetirregulars.blogspot.com/2014/04/open-letter-from-rep-matt-shea.html.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 12,79.
Analysis of Bias and Errors in the Investigation Regarding Matt Shea
11
April 10-12, 2014: Representative Shea traveled to the standoff where he spoke in support of
Mr. Bundy. He joined the protest in support of Mr. Bundy at the Bundy Ranch. 36
Analysis
Representative Shea’s travel to Bunkerville, NV was not a criminal act. Neither was his support
of Mr. Bundy. Representative Shea remains protected by the First Amendment.37 The extent to
which Representative Shea “joined the protest” is the only act in question. However, all leaders
in the Bundy standoff were later acquitted.38 Furthermore, the investigative report’s statement
that Representative Shea “joined in the protest” is not cited.39 Therefore, one cannot verify the
truth of this statement.
April 14, 2014: Representative Shea formed Coalition of Western States (COWS) to support
land rights issues.40
Analysis
Matt Shea performed no act of political violence or participated in any criminal activity by
forming COWS.
June 22, 2014: Representative Shea attended a meeting at a Spokane area Mexican Restaurant
with at least four other men, including Stewart Rhodes and Elias Alias. Witness 34 overheard the
men discussing militia, weapons, stockpiling ammunition, Bundy Ranch, Special Forces, and
Snipers. The witness also claims to have heard the names Stewart Rhodes and Ryan Payne.41
Analysis
Even if this analysis of the report assumes that Witness 34 heard everything correctly and
accurately identified the men, the conversation between these men is not attributed to any
36
37
38
39
40
41
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 12.
U.S. Const. amend. I.
Julie Turkewitz, “No Guilty Verdicts in Bundy Ranch Standoff Trial,” New York Times, accessed December 24,
2019, https://www.nytimes.com/2017/08/22/us/bundy-trial-nevada-verdict.html.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 12.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 12.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 13.
Analysis of Bias and Errors in the Investigation Regarding Matt Shea
12
specific act of political violence which followed the meeting and must therefore be dismissed as
it is outside the scope of the investigation commissioned by the Washington State House of
Representatives.
Conclusion
No further actions taken by representative Shea or attributed to Representative Shea are
referenced in support of Key Finding #1. However, because of the lack of evidence supporting
investigators’ claims, no act of political violence or criminal activity can be attributed to
Representative Shea by Key Finding #1.
Analysis of Bias and Errors in the Investigation Regarding Matt Shea
13
Section V
Analysis of Key Finding #2
Introduction
Key Finding #2 of the Report of Investigation Regarding Representative Matt Shea states that
“Representative Shea traveled to and engaged in the 2015 armed conflict at Priest River,
Idaho.”42
Timeline of Key Finding #2 and Analysis
The actions taken by Representative Shea mentioned in the Report of Investigation Regarding
Representative Matt Shea to support Key Finding #1 are as follows:
August 6, 2015: Representative Shea posted an “URGENT ACTION ALERT” on his Facebook
site that stated:
“The federal government is going to attempt the gun confiscation of a Vietnam War Veteran.
The VA is going to conduct a check for and confiscate his guns based on nothing more than a
stroke which has left him with some mild physical impairment. After evaluating the VA claims
and letters and getting information from the head of the American Legion Auxiliary in Bonner
County, it is clear this is not warranted. WE CANNOT LET THIS STAND. THE SEIZURE OF
THE GUNS OF ONE OF US... IS THE SEIZURE OF THE GUNS OF ALL OF US. PLEASE
ATTEND IF AT ALL POSSIBLE. RIGHT NOW, WE HAVE LEGISLATORS AND
CITIZENS FROM WASHINGTON AND IDAHO HEADED TO THE LOCATION. REP.
Heather Scott HAS ASKED US ALL FOR HELP SINCE THIS IS HER DISTRICT AND I
WILL STAND BY HER.
In Freedom,
Matt Shea”43
42
43
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 13.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 13.
Analysis of Bias and Errors in the Investigation Regarding Matt Shea
14
Representative Shea later posted "Enroute to Idaho with a convoy of patriots…”44
Representative Shea spoke later at a rally, and then posted updates to his Facebook site again
following his speech. Reports indicated that approximately 100 individuals showed up, many
armed, who stood with Representative Shea, at the veteran's home to prevent the VA employee
from entering. Representative Shea can be heard in a YouTube video of his speech at the rally
referring to the VA’s actions as “bureaucratic terrorism” and claimed such gun seizures have
been going on throughout the country and “Today it stops here in Priest River, Idaho,” he then
goes on to say later in his speech, “today we are telling Federal government they are going to
have to come through us to get to this veteran.” Representative Shea has spoken publicly of the
incident and claimed credit for organizing the confrontation.45
Analysis
Representative Shea’s “urgent action alert” is protected under the First Amendment.46
Furthermore, in this post on Facebook, he does not encourage people to bring firearms or
participate in an act of political violence. Matt Shea’s later post revealing that he was travelling
to Idaho similarly does not encourage political violence or indicate that Matt Shea intended to
participate in an act of political violence. Matt Shea is also protected under the First Amendment
for any and all remarks he made at the rally.
Conclusion
The confrontation was a nonviolent one;47 therefore, Matt Shea’s involvement and organization
in the matter do not constitute political violence, and the incident is outside the scope of the
investigative report.48 Furthermore, no evidence is used by the investigative report to demonstrate
44
45
46
47
48
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 14.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 14.
U.S. Const. amend. I.
AWR Hawkins, “Citizens, Sheriff, ‘Stand Guard’ To Keep VA From Confiscating Veteran’s Guns,” Breitbart,
accessed December 24, 2019, https://www.breitbart.com/politics/2015/08/07/citizens-sheriff-stand-guard-tokeep-va-from-confiscating-veterans-guns.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 4.
Analysis of Bias and Errors in the Investigation Regarding Matt Shea
15
that Representative Shea condoned political violence in his participation and planning of this
event.
Analysis of Bias and Errors in the Investigation Regarding Matt Shea
16
Section VI
Analysis of Key Finding #3
Introduction
Key Finding #3 of the Report of Investigation Regarding Representative Matt Shea states that
“Representative Shea, along with other COWS members and Ammon Bundy engaged in phone
calls and planned the 2016 takeover of the Malheur National Wildlife Refuge; engaged in the
conflict by directing COWS members and militias in support of the takeover, and traveled to
Burns, Oregon and met with refuge armed occupiers contrary to appeals and warnings from law
enforcement and Oregon state elected officials.”49
Timeline of Key Finding #3 and Analysis
The actions mentioned in the Report of Investigation Regarding Representative Matt Shea to
support Key Finding #3 are as follows:
November 2015: Ammon Bundy, Ryan Payne and others began asking the Sheriff of Harney
County to intercede on behalf of the Hammonds.50
Analysis
There is no evidence shown in the investigative report that these people were acting on
Representative Shea’s behalf, nor that Representative Shea was involved in any way.51 Although
this may provide marginal context to the Malheur takeover, the events relating to the Sheriff of
Harney County that took place in November 2015 do not pertain in any way to the investigation
of Representative Shea.
December 2015: “Burns, Oregon, the Harney County Seat, was overrun with heavily armed
militia members who filled all available hotel rooms and campgrounds and then openly
49
50
51
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 15.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 16.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 16.
Analysis of Bias and Errors in the Investigation Regarding Matt Shea
17
threatened US Fish and Wildlife employees, the Sheriff, local political leaders and their families
and local Burns citizens in their protest against Federal land management and treatment of the
Hammonds. Militia members made threats against anyone speaking out against Bundy and
Payne and began pushing their agenda at coffee meetings. They showed up at local churches to
get support and handed out flyers at grocery stores. The Sheriff told investigators that militia
members committed obvious traffic violations to provoke traffic stops to set up opportunities to
create confrontations with law enforcement. Militia members switched license plates on their
vehicles and harassed and frightened local citizens by following them in their cars.”52
Analysis
The investigative report fails to establish any connection between Representative Shea and the
“armed militia members” mentioned in this section of the investigative report.53 These events do
not pertain in any way to the investigation of Representative Shea.
December 7, 2015: “Ryan Payne returned to the Sheriff’s office and repeated his demands and
threats. According to Sheriff Ward, when it became obvious that he would not support the
militias and interfere with Hammond's return to prison, Bundy and Payne tried to rent a building
to surveil the Sheriff's office. Intelligence received by Sheriff Ward informed him that the
militias had put out calls for shooters and armed bodyguards to protect Ammon Bundy and Ryan
Payne with the use of lethal force to prevent their arrest. They also posted on social media their
intent to campout at the Hammond’s house and guard them from law enforcement.”54
Analysis
None of the events said to have occurred on December 7 have been demonstrably attributed to
Representative Shea by the report. The events of December 7 are irrelevant to the investigation
of Representative Shea, except with the possible use as context to the Malheur takeover.55
52
53
54
55
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 17.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 17.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 17.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 17.
Analysis of Bias and Errors in the Investigation Regarding Matt Shea
18
December 11, 2015: “Sheriff Ward received a letter from the Hammonds Attorney stating that
the Hammonds intended to turn themselves in on January 4, 2016 and that [neither] Ammon
Bundy nor anyone else speaks for the Hammond family. That same day, the Bundy Family
issued on their website, and Ammon Bundy and hand delivered to the Sheriff, a document
entitled ‘Redress of Grievance’ from ‘We the People-United Individuals of these States United:
Coalition of Western States (COWS), Pacific Patriot Network (PPN), Bundy Family and
Supporters, Oregon Oath Keepers, Central Oregon Constitutional Guard, Oregon Tactical,
Oregon Bearded Bastards, Liberty Watch Washington, Nevada Committee for Full Statehood,
Rural Heritage Preservation Project and Liberty For All’ to Governor Kate Brown, Governor of
Oregon and other Harney County Oregon officials. Metadata shows the document was authored
by Ammon Bundy beginning on December 8, 2015 and finalized on December 11, 2015. The
grievance accused the US Government of abusing the Federal Court system and acting outside
the US Constitution in charging and convicting Dwight and Steven Hammond of Federal crimes.
Based upon the legal and constitutional underpinnings of the document to include Revolutionary
War era legal language as a right to petition grievances and to make a complaint, it is more
probable than not that the ‘Redress of Grievance’ was co-authored with Ammon Bundy, COWS
Chairman Representative Shea and COWS Legal Counsel KrisAnne Hall.”56
“On this same date, December 11, 2015, the COWS organization that was founded and is chaired
by Representative Shea, issued a press release in support of the Hammonds and accused the
BLM of ‘Continuing to engage in a literal, intentional conspiracy to deprive ranchers and
farmers of their property rights throughout the west.’ Press release further stated, ‘This is war on
rural America,’ a statement used by Representative Shea at the Bundy standoff in 2014.” 57
Analysis
Metadata does not indicate that Representative Shea was an author or a contributor to the
document, “Redress of Grievances.”58 The investigators claim that it is “more probable than not
that the ‘Redress of Grievance’ was co-authored with Ammon Bundy, COWS Chairman
56
57
58
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 17.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 18.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 17.
Analysis of Bias and Errors in the Investigation Regarding Matt Shea
19
Representative Shea and COWS Legal Counsel KrisAnne Hall.”59 However, the investigators
lack sufficient evidence to make such a claim. Attributing the issuance of the COWS press
release to Representative Shea is an association fallacy. There is a reasonable doubt that the press
release was not made by Representative Shea. The investigators make no attempt to attribute the
other events of December 11 to Representative Shea.60
Late December 2015: “COWS members, to include Representative Shea, participated in a total
of four meetings with Ammon Bundy that took place within three to five days in advance of the
armed takeover. The preplanning of the armed takeover of the Malheur National Wildlife Refuge
is corroborated by trial testimony given by occupier Blaine Cooper who cooperated with the US
Government and testified that a secret meeting was held with Ammon Bundy, and other
occupiers Jason Patrick, Jon Ritzheimer, Joe O'Shaughnessy, Corey Lequieu, Ryan Payne and BJ
Soper in late December 2015 to discuss the takeover of the refuge. The meeting was so secret
that Bundy told those assembled to turn off their cellphones and leave laptop computers outside
and away from the meeting. Cooper said he was at the meeting that took place and discussion
included the Sheriff’s refusal to assist the Hammonds, the rally scheduled for January 2, 2016
and the upcoming armed takeover of the Malheur National Wildlife Refuge. Representative
Shea’s and COWS’ participation in the preplanning meetings with Bundy was confirmed by
information provided by three witnesses.”61
Analysis
The only witness identified by either name or number in the above statement is Blaine Cooper,
who relates an extensive list of seven people who attended the secret meeting; the list does not
include Representative Shea.62 The investigative report fails to provide any citation supporting
the investigators’ claims that Representative Shea participated in these four meetings with
Ammon Bundy, or the degree to which these meetings related to the Malheur armed takeover.
The report claims that “Representative Shea’s and COWS’ participation in the preplanning
59
60
61
62
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 17.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 17-18.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 18.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 18.
Analysis of Bias and Errors in the Investigation Regarding Matt Shea
20
meetings with Bundy was confirmed by information provided by three witnesses.” However, the
report fails to give the information provided by the three witnesses and fails to cite by number
which witnesses gave information to confirm Representative Shea’s supposed participation.63
The investigators’ assertion that Representative Shea participated in these four meetings and
planned the Malheur takeover is considered an unjustified conclusion for the purposes of this
analysis of the report.
January 2, 2016: “During a planned demonstration in support of the Hammonds, a group of
armed, militia members broke off from the demonstration and took over the Malheur National
Wildlife Refuge. The action was portrayed as a spontaneous act, but [Rampart Group’s]
investigation has obtained information that the armed takeover was meticulously planned in
December 2015 by conspirators that included Representative Shea.”64
Analysis
No information is given in the investigative report to suggest that the armed takeover was
meticulously planned during four meetings in December 2015 by conspirators including
Representative Shea.65 This is considered an unjustified conclusion for the purposes of this
analysis of the report. The investigative report also mentions “additional documentary evidence”
showing that Representative Shea “authored and circulated an operations plan directed for use by
militias and COWS members at the standoff.”66 The investigative report does not demonstrate
that this operations plan advocated or promoted any act of political violence. The investigative
report further claims that Representative Shea sent LFA leader Bosworth into the occupied
compound without the knowledge of law enforcement. 67 However, despite sending Bosworth into
the occupied compound, no evidence demonstrates that Bosworth engaged in any acts of political
violence under the direction of Representative Shea.
63
64
65
66
67
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 18.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 18.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 18.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 18.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 18.
Analysis of Bias and Errors in the Investigation Regarding Matt Shea
21
January 4, 2016: “Representative Shea sent an email to a select group of 15 private
individuals… entitled ‘Warning Order-Operation Cold Reality’ [which] contained an attachment
identified as ‘WarningOrder.docx.’”68
The email entitled “Warning Order-Operation Cold Reality” consisted of the following text:
“Please see the Warning Order attached. Please pay attention to and abide by the classification.
This is a military style planning brief. Please use this as a standard form in the future. We are
receiving intel right now that arrest warrants are signed and the FBI strike team is preparing to
dramatically escalate. We are waiting till tomorrow morning to evaluate the situation and make
the callup. If you are not familiar with the REDCON Status, then contact me via WICKR. The
call up will go out over WICKR and Proton. That's when the timer starts. Please confirm you are
available to be part of the delegation and receipt of this message. P. S. The Chinese Stock Market
just crashed and they are suspending trading. Pray hard tonight!”69
The investigative report found that the document attachment identified as ‘WarningOrder .docx’
to be prepared in a military format known as the SMEAC model. SMEAC refers to the order in
which a document may be prepared: situation, mission, execution, administration logistics,
command and control protocol.70
In the situation section, Representative Shea purportedly described the intentions of both the FBI
and the former president. Representative Shea is also assumed to have said that about a “dozen
‘patriots’ occupying the wildlife refuge with the intent to continue doing so indefinitely.” He
continues by saying that “members are preparing to fight locally.”71
68
69
70
71
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 19.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 19-20.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 20.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 20.
Analysis of Bias and Errors in the Investigation Regarding Matt Shea
22
The investigative report shows the mission section of WarningOrder.docx to consist only of the
preparation to “deploy COWS/AmRRON, LWWA, LFA negotiating teams to Burns on 2 hours
notice.”72
The “intent” of the execution section only consists of “[concluding] a peaceful resolution to the
situation and re-establish legitimate Patriot leadership over the movement. Force the BLM to
address its utter failure as an agency and embolden people at the state and local level to reclaim
ground for liberty.”73
The investigative report also shows the execution section contains an execution strategy of the
operation and the five goals of the operation.74
The investigative report also states that Representative Shea gave specific instructions to
recipients and to certain organizations and that the document included the following instructions:
“PIRs will change and be modified as the situation dictates. They are priority traffic and if
observed must be reported via a secured medium to codenames Scout, Fox519 and
Verumbellator. Rules of Engagement, Messaging, Timeline, Logistics to include travel, lodging,
food/water, Medevac, Command & Signal, Succession of Command and Locations, all of which
are more detailed in WARNING ORDER.”75
Analysis
The text of the email entitled “Warning Order-Operation Cold Reality” only shows that
Representative Shea was evaluating the situation and that he had some information of the
situation at hand at the Malheur Refuge. The body of the email does not contain any information
to demonstrate that Representative Shea was involved in any criminal activity or that he
encouraged or engaged in any act of political violence. 76
72
73
74
75
76
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 20.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 20.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 20-21.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 21-22.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 19-20.
Analysis of Bias and Errors in the Investigation Regarding Matt Shea
23
In the situation section of the attachment, Representative Shea supposedly assesses the intentions
of the FBI, the president (Obama) and about a dozen militia members. He does not claim any
ability to control the militia members actions, nor does he claim any connection to them
whatsoever.77 No information in this section suggests that Representative Shea was directly or
indirectly engaged in any act of political violence.
The investigative report shows no part of the mission section of the attachment which suggests
that Representative Shea planned or engaged in any act of political violence. Representative
Shea’s supposed preparation to deploy negotiating teams to Burns, Oregon at this time further
suggests that the negotiating teams and Representative Shea operated independently of the armed
militia members who performed the armed takeover of the Malheur Refuge.78 Had this not been
the case, the negotiating teams would have already been prepared at the time that certain militia
members took over the Malheur Refuge.79 Additionally, the deployment of negotiating teams to
Burns, Oregon reaffirms Representative Shea’s desire to conclude a “peaceful resolution” to the
incident.80
The execution section of the attachment contains no information which links Representative
Shea to the militia members who took over the refuge. The execution section of the attachment
only suggests that Representative Shea might have chosen to use the incident to address what he
deemed to be a political issue.81
The remaining instructions that were in the attachment do not suggest that Representative Shea
was involved in the political violence which took place at the Malheur Refuge. The mentioned
instructions for individuals include obtaining a security detail for five legislators, identification
of “Patriot Bondsmen” and finding lodging. Preparing a security detail for 5 legislators does not
suggest that Representative Shea was involved in any acts of political violence associated with
77
78
79
80
81
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 20.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 20.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 18.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 20-21.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 20-21.
Analysis of Bias and Errors in the Investigation Regarding Matt Shea
24
the Malheur Takeover, but rather suggests his trepidation that the legislators could be the victims
of political violence.82
His instructions to various organizations also fail to provide a connection between
Representative Shea and the political violence associated with the Malheur takeover. These
instructions only concern media coverage of the event. 83
The investigative report does not demonstrate any connection between the email with its
attachment sent on January 4, 2016 and Representative Shea. The investigative report only
demonstrates Representative Shea’s intent to use the incident to address what he considered to be
a political issue.84
January 5, 2016: An email with an updated operations order consisting of four pages was sent
from verumbellator@protonmail.com to several recipients.
The email included the statements, “all teams are organizing and almost ready to deploy” and
“we have good confirmation of the facts on the ground.” The email continues, “Ranchers are in
support of us, but feel they cannot be publicly (2 of our contacts said this) … today we identified
a possible State Rep in Oregon and County Commissioner that may be on board and request our
help. The County Commissioner has not called me yet and I am calling the State Rep this
afternoon. We cannot go in there as more outsiders.” The email continues, saying “the Feds want
to draw as many rogue elements to the site as possible to destroy the patriot movement from a
PR perspective to justify them calling us all domestic terrorists and cracking down. This is an
intentional bait and switch and they need time for everyone to get into the trap.” The email
continues by stating that it is the intent of the Federal Government “to perform a violent retaking
of the refuge”, that the email’s recipients should not “be fooled into thinking they [Federal
Government] want[s] no violence” and that the government will “escalate to a full blown violent
retaking of the refuge.” The email also included “Action Items/FRAGO.”85
82
83
84
85
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 21.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 21.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 20-21.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 22-23.
Analysis of Bias and Errors in the Investigation Regarding Matt Shea
25
Instructions included in the email include directing Former Representative Hunt to be prepared
to embark via Olympia Airport, asking “COUNTYGREEN” if he/she would be available to
“come up” and asking “scout” to have the advance party “ready ASAP.”86
The email concluded by “drawing attention to the GUIDELINES that included eight points:
prayer coverage, research facts, get commitment from the people directly affected by the Federal
Government's unlawful actions, build public support, establish a local Assembly with a
Committee of Correspondence and Committee of Safety and concludes with sign off, ‘V/B
Resistance to tyranny is obedience to God.’”87
The OPORD attachment to this email followed the same format as the attachment to the email
released on January 4, 2016. The situation was changed from the attachment to the previous
email to include the FBI’s situation and presumed intentions. The mission section of the
attachment included instructions to “be prepared to deploy COWS, LWWA and LFA negotiating
team to Burns, Oregon no later than 12:00 pm, 9 January 2016 in order to facilitate a peaceful
resolution to the situation.” The execution section of the OPORD called for “re-establishing
legitimate Patriot leadership over the movement” and to “force the BLM to address it’s utter
failure as an agency and embolden people at the state and local level to reclaim ground for
liberty.”88
The instructions for COWS members included in OPORD were to “Coordinate negotiation team
to include elected officials, pastors, and law enforcement; deploy negotiation team to Burns,
Oregon; issue press release regarding deployment; coordinate hotel for 10-12 individuals in
Burns, Oregon, bring sound system and stage background, bring emergency medical supplies,
food and water, conduct morning, afternoon and evening public briefs, refute all rumors, give
concrete examples of aggression (government), finish with positives, conduct leaders conference
86
87
88
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 23.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 23.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 23-24.
Analysis of Bias and Errors in the Investigation Regarding Matt Shea
26
all meeting no later than 2000 hr, establish uplink for real time video feeds and establish radio
and TV presence with friendly hosts.”89
The attachment also instructed Representative Hunt to coordinate a flight. The email also
“addressed ‘Succession in Command’ and listed ‘Team Leaders COWS, AmRRON,
ADVON/MST (Main Security Team), Security Detail, QRT.”90
Analysis
The teams referenced in the email which were ready to deploy most likely refer to the
negotiating teams included in the previous email.91 The investigative report attempts to point to
the email’s use of the word “us” in the body of the email to directly connect Representative Shea
to the militia members who took control of the Malheur National Wildlife Refuge.92 However,
the antecedent of the word “us” in the body of the email is “rogue elements,” which may refer
instead to people of a conservative political ideology, rather than the armed occupiers.93 Also, the
investigative report defines the acronym “FRAGO” as “Fragmented Operation.”94 However, the
definition used by the investigative report appears to be incorrect as “FRAGO” is the shortened
form of “Fragmentary Order.”95 None of the instructions issued in this email demonstrate any
connection to the political violence at the Malheur National Wildlife Refuge or any criminal
intent on the part of the sender or the email’s recipients. 96 No part of the body of the email sent
on January 5, 2016 demonstrates any criminal intent or any connection between its sender and
the political violence which took place during the Malheur Armed Takeover.
89
90
91
92
93
94
95
96
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 24.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 24.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 20.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 23.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 23.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 23.
Army Study Guide, “FRAGMENTARY ORDER [FRAGO],” Accessed December 27, 2019,
https://www.armystudyguide.com/content/the_tank/army_report_and_message_formats/fragmentary-orderfrago.shtml.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 22-23.
Analysis of Bias and Errors in the Investigation Regarding Matt Shea
27
The OPORD document that was attached to the email primarily concerns its sender’s hopes to
use the Malheur armed takeover to address what he considered a political issue. In fact, OPORD
demonstrates that the sender hoped for a “peaceful resolution” to the incident.97 No conclusive
connection can be drawn between the sender of the email and the militia members who
participated in the Malheur Armed Takeover.
January 9, 2016: Representative Shea travelled to Burns, Oregon with others; Oregon State
Representative Dallas Heard likewise travelled to Burns, Oregon on this date. Representative
Shea met with the Harney County Judge and local and federal law enforcement officials to
discuss the armed take over and occupation of the Malheur National Wildlife Refuge.
Representative Shea did not disclose his COWS involvement. He then proceeded to the refuge
where he met with the occupiers against the direction of the judge and law enforcement
officials.98
Analysis
Representative Shea was not legally obligated to disclose his COWS membership to the Harney
County Judge nor to the local and federal law enforcement officials. Although Representative
Shea did travel to the Malheur National Wildlife Refuge against the direction of the judge and
law enforcement officials, there is no other evidence shown to suggest that he engaged in any act
of political violence while at the refuge or disclosed any knowledge he had about law
enforcement activities.99 Furthermore, because the occupied refuge was not secured, the fact that
he visited the refuge can be blamed on the lack of security surrounding the refuge which had at
this point been occupied for a period of 7 days.100
Representative Shea states in his “Statement Regarding Ethics Complaint” that he was invited by
“elected officials and members of the community.”101 However, the investigative report
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 24.
98
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 24-25.
99
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 24-25.
100
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 24-25.
101
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 28.
97
Analysis of Bias and Errors in the Investigation Regarding Matt Shea
28
“determined that no one in authority from the Harney County local and state government or
federal, state or local law enforcement issued an invitation to Representative Shea...”102 The
investigators make an attempt here to imply that Representative Shea made an assertion that he
never made; Representative Shea only stated that his invitation came from elected officials and
members of the community. Furthermore, only three witness statements and one electronic
document were attributed to the investigators’ claims that “no one in authority from the Harney
County local [including municipal] and state government or federal, state, or local law
enforcement issued an invitation to Representative Shea.”103 Many elected officials were never
contacted during the investigation.
Sometime after February 11, 2016: Witness 7 claimed to have “found an online posting on
Representative Shea’s Facebook page that stated, ‘after much prayer, I'm afraid violence might
be necessary to take our country back.’”104
Analysis
Without additional evidence to support the witness’ claim, this witness’ account cannot be
verified. Furthermore, this comment does not indicate Representative Shea’s participation in
such acts.
March 21, 2016: Representative Shea “lacked candor in a statement made to the Washington
State House of Representative Legislative Ethics Board Investigator…regarding a complaint
related to his travel to both Bunkerville, Nevada in April 12-14, 2014, and his travel to Burns,
Oregon on January 9-10, 2016.”105
Analysis
102
103
104
105
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 28.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 28.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 27.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 27-28.
Analysis of Bias and Errors in the Investigation Regarding Matt Shea
29
The ethics investigator found a “lack of reasonable cause” and dropped the allegations made
against Representative Shea.106
March 23, 2016: Representative Shea emailed “Statement Regarding Ethics Complaint” to the
ethics investigator in which he detailed his involvement in the two incidents.107
Analysis
None of the evidence disclosed in the investigative report conflicts with Representative Shea’s
account detailed in his “Statement Regarding Ethics Complaint.”108
June 25, 2016: Representative Shea “held a private meeting to discuss the fallout from the
Malheur armed takeover, the court cases of the Bundy's, persecution of Christians and the state
of the economy.”109
Analysis
The investigation of Representative Shea does not detail any acts done at this meeting which
demonstrate that he engaged in any acts of political violence.110
September 12, 2016: “Representative Shea named LFA-Washington militia leader Anthony
Bosworth “Patriot of the Year” for his role at the Malheur National Wildlife Refuge armed
occupation.”111
Analysis
This analysis of the report does not refute that Anthony Bosworth may have committed certain
illegal acts during the armed occupation. However, the title given by Representative Shea was
106
107
108
109
110
111
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 28.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 28.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 15-28.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 28-29.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 15-28.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 29.
Analysis of Bias and Errors in the Investigation Regarding Matt Shea
30
not necessarily bestowed for his illegal actions but could have been bestowed for his work as a
negotiator in the conflict.112
Conclusion
There is no evidence given in the investigative report to demonstrate that Representative Shea
condoned, planned, or engaged in the political violence which happened at the Malheur takeover.
The lack of evidence indicates a reasonable doubt that the claims of Key Finding #3 are just and
accurate.
112
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 24.
Analysis of Bias and Errors in the Investigation Regarding Matt Shea
31
Section V
Analysis of the Findings Contained in Section 2 of the Investigative Report
Introduction
The other eight findings given in the investigative report are given with an analysis in this
section of the report.
Analysis of Finding #1
Finding #1 in the section entitled “Other Incidents of Engaging in, Planning and Promoting
Political Violence” states that “Representative Shea and the actions of the COWS organization
during the armed takeover and standoff at the Malheur National Wildlife Refuge constitute
domestic terrorism.”113
Analysis
By statute, however, domestic terrorism must be “dangerous to human life.”114 The evidence used
in the investigative report can only suggest that Representative Shea may have contributed to
planning the media coverage of the event and may support for a political ideology which
advocates for the BLM to turn over federal lands to local control. No evidence demonstrates a
connection between Representative Shea and the militia members who took over the refuge.115
Furthermore, Representative Shea cannot be held responsible for the actions of the COWS
organization. (Please see Association Fallacy Section of this analysis of the report.)
Analysis of Finding #2
Finding #2 in the section entitled “Other Incidents of Engaging in, Planning and Promoting
Political Violence” states that “Representative Shea engaged in intimidation tactics against a
political opponent in September 2012, posted a photo of himself on his Facebook page while
113
114
115
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 29.
Michael C. McGarrity, “Confronting the Rise of Domestic Terrorism in the Homeland,” Federal Bureau of
Investigation, accessed December 24, 2019, https://www.fbi.gov/news/testimony/confronting-the-rise-ofdomestic-terrorism-in-the-homeland.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 18.
Analysis of Bias and Errors in the Investigation Regarding Matt Shea
32
standing in front of the opponent’s residence, and refused to remove the online photo at the
request of the opponent, party affiliates and law enforcement.”116
Analysis
This action on the part of Representative Shea does not constitute engaging in, planning, or
promoting political violence.117 The photo taken by Representative Shea was taken from public
land and the picture was legally in the public domain.118 Representative Shea’s opponent had no
legal right or expectation that Representative Shea would remove the photo.
Analysis of Finding #3
Finding #3 in the section entitled “Other Incidents of Engaging in, Planning and Promoting
Political Violence” states that “Representative Shea engaged in secure online chat using the
codename ‘Verumbellator’ from October 29 through December 12, 2017 that included the
identification of opposition political activists, condoned violence and intimidation, and offered to
do background checks on named persons in opposition to his political ideology.”119
Analysis
According to the investigative report and considering any guilt by association to be disregarded,
Representative Shea’s supposed contributions to the online chat discussion include a text link to
the Wikipedia page “Atomwaffen,” some comments on some undisclosed discussion points, his
offer to conduct background checks on certain Antifa members, and a request to Anthony
Bosworth to talk face-to-face. 120 None of these contributions violated the law. Background
checks on any individual in the United States can be made by any person.121
Analysis of Finding #4
116
117
118
119
120
121
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 29.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 4.
Legal Definitions, “Is it illegal to take pictures of someone’s house without them knowing?,” Accessed December
27, 2019, https://www.legaldefinitions.co/is-it-illegal-to-take-pictures-of-someones-house-without-them-knowing.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 30.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 30-31.
backgroundchecks.com, “PeopleFinders - Background Check,” accessed December 24, 2019,
https://www.backgroundchecks.com/solutions/peoplefinders.
Analysis of Bias and Errors in the Investigation Regarding Matt Shea
33
Finding #4 in the section entitled “Other Incidents of Engaging in, Planning and Promoting
Political Violence” states that “Representative Shea from 2013 through 2019 condoned
intimidation by supporters of his political opposition to include activists, government officials,
Muslims, and others who speak or act in opposition to his personal beliefs and his political
agenda.”122
Finding #4 was reworded to be less confusing and more precise: “Representative Shea, from
2013 through 2019, condoned his supporters’ intimidation of his political opposition, including
activists, government officials, Muslims, and others who speak or act in opposition to his
personal beliefs and his political agenda.
Analysis
Six specific events are referenced by the investigative report to support Finding #4: the 2013
Marble Community Fellowship God and Country Celebration; a “Rally for America” held on
September 21, 2015; the New Code of the West Conference held in Whitefish, Montana; an I594 “We Will Not Comply Rally” at both the Spokane County Courthouse and the Spokane
Valley Sheriff Department location- a “Drain the Swamp Rally” held on April 29, 2017; and a
Liberty State Rally at Spokane on May 23, 2019.123
At the 2013 Marble Community Fellowship God and Country Celebration, the investigative
report only credits Representative Shea with saying, “If people knew what went on in the
Capital, they’d blow it up.”124 In this statement, Representative Shea does not condone
intimidation of his political opposition; he simply predicts the people’s actions.
At the “Rally for America,” Representative Shea hires Witness 22 to provide his personal
security, and requests that Anthony Bosworth also provide security. At the event, Bosworth told
Witness 22 that he would profile the attendees, looking for people of Middle Eastern appearance
that “might be coming to the rally to commit an act of violence against Representative Shea.” 125
122
123
124
125
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 31.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 31-32.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 31.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 31.
Analysis of Bias and Errors in the Investigation Regarding Matt Shea
34
However, Bosworth’s decision to profile the attendees cannot be attributed to Representative
Shea as no evidence mentioned in the investigative report suggests that Representative Shea
asked Bosworth to profile attendees as he provided security.126
At the New Code of the West Conference, the investigative report only credits Representative
Shea with speaking about the management of public lands and a connection between the Council
of American Islamic Relations (CAIR) and Hamas. The investigative report fails to mention any
comments made at this event which corroborate the investigators’ claim that Representative Shea
condoned intimidation of his political opposition.127
At the “We Will Not Comply Rally,” Representative Shea was a speaker.128 The actions of
Anthony Bosworth and others cannot be attributed to Representative Shea without conclusive
evidence that Representative Shea directed Bosworth’s actions.
At the “Drain the Swamp Rally,” Representative Shea purportedly compiled a list of certain
people associated with Antifa and the group Indivisible to “ensure no person on the list was
allowed into the event.129 This action is irrelevant to the claim made by investigators. Also, the
action may have been taken by Representative Shea to prevent violent confrontations.
The investigative report shows no actions taken by Representative Shea at the Liberty State Rally
which demonstrate that he condoned any intimidation of his political opposition.130
Given the lack of evidence shown corresponding to the investigators’ claims, finding #4 is
unjustified.
Analysis of Finding #5
126
127
128
129
130
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 31.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 31.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 32.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 32.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 32.
Analysis of Bias and Errors in the Investigation Regarding Matt Shea
35
Finding #5 in the section entitled “Other Incidents of Engaging in, Planning and Promoting
Political Violence” states that “Representative Shea engaged in counterintelligence gathering and
acted in opposition to the lawful efforts of federal, state and local law enforcement.”131
Analysis
In support of this claim, investigators reference a document obtained by Representative Shae
which detailed the command and control structure of Washington state law enforcement
agencies, rosters of local FBI Joint Terrorism Task Force (JTTF) agents, SWAT team member
lists complete with names and badge numbers and the Joint Harbor Operations Command
(JHOC) building schematics, and the names and home information of FBI, DHS, and
Washington State Patrol agents, photos of SWAT teams, street surveillance cameras, aircraft and
communications equipment used by law enforcement in Washington.132
According to the report, Representative Shea claims to have found this information on “the
web.”133 There is no evidence included in the investigative report to suggest that Representative
Shea participated in the gathering of the information in this document or used the document in
opposition to federal, state, or local law enforcement.
The only other incident referenced by the investigative report is that “Representative Shea,
writing in support of an I-594 rally that took place on the Washington State Capital, told gun
rights activists the measure on background checks violates the federal and state constitution and
need not be obeyed.”134 Representative Shea told gun owners, ‘An unconstitutional law is no law
at all.’” The investigative report cites a blog post on the Sipsey Street blog and a Spokesman
Review article in support of this claim.135
However, neither source identifies Representative Shea as having said that I-594 “need not be
obeyed.” The only comment attributed to Representative Shea in either source was the comment
131
132
133
134
135
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 32.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 33.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 33.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 33.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 33.
Analysis of Bias and Errors in the Investigation Regarding Matt Shea
36
“An unconstitutional law is no law at all.”136 However, this comment is simply an aphorism in
which Representative Shea addresses what he considers to be conflicting laws. However, this
does not indicate that Representative Shea “acted in opposition to the lawful efforts of federal,
state and local law enforcement.”
Analysis of Finding #6
Finding #6 in the section entitled “Other Incidents of Engaging in, Planning and Promoting
Political Violence” states that “Representative Shea in 2016 engaged in and supported the
training of adults and children to fight a Holy war and/or civil war.”137
Analysis
Representative Shea’s actions that lead the investigators to Finding #6 include his aid and active
support of Marble Community Fellowship Team Rugged training of children and young adults
on combat and fighting skills, placing Patrick Caughran in contact with Jack Robertson at the
request of Caughran, Shea’s participation in the training and direction of a Youth Land
Navigation and Tactical Skills Assessment. 138 The investigative report also points to
Representative Shea’s role as a speaker at the following events: Kickoff: Marble Kids-Going
Underground, a Patriot Movement rally in Idaho. The investigators also referenced a YouTube
video in which he was introduced as one of the 10 most hateful politicians on the Southern
Poverty Law Center’s website.139
However, Representative Shea’s actions associated with Team Rugged were neither illegal, nor
do they demonstrate that Representative Shea was involved in any act of political violence or
domestic terrorism.140 No mention is made in the investigative report of Representative Shea’s
136
137
138
139
140
Jim Camden, “Shea tells gun rights activists I-594 not law,” Spokesman-Review,
https://www.spokesman.com/stories/2015/jan/15/shea-tells-gun-rights-activists-i-594-not-law.; Dutchman6,
“Gottlieb's rally didn't turn out quite the way he was planning,” Sipsey Street Irregulars, accessed December 26,
2019, http://sipseystreetirregulars.blogspot.com/2015/01/gottliebs-rally-didnt-turn-out-quite.html.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 33.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 34.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 34.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 33-34.
Analysis of Bias and Errors in the Investigation Regarding Matt Shea
37
speeches at either rally and Representative Shea’s comments in the YouTube video only concern
preparation for an “inevitable collapse.”141
Although Representative Shea likely did engage in the training of adults and children as finding
#6 indicates, the investigative report does not demonstrate that the purpose of the training was
“to fight a Holy war and/or civil war.”142
Analysis of Finding #7
Finding #7 in the section entitled “Other Incidents of Engaging in, Planning and Promoting
Political Violence” states that “Representative Shea wrote the “Biblical Basis for War” and
advocated replacement of US democracy with a theocracy and the killing of all males who do not
agree.”143
Analysis
Although Representative Shea claims that the document, “Biblical Basis for War,” was written
as sermon notes, the investigators claim that Representative Shea advocated many of the items
included in the document including “killing all males” who disagree. However, the investigators
do not explain how Representative Shea planned to obtain the Ark of the Covenant which is also
listed as an item needed for a “holy army.”144 The Ark of the Covenant is an artifact which has
remained missing for over 2,500 years.145 Therefore, it is concluded that Representative Shea had
no intention of performing or participating in the actions mentioned in “Biblical Basis for War.”
Also, the investigative report says that the metadata indicates the “document was modified
(started) on July 2, 2014 and created (finalized) on January 10, 2015.”146 This statement should
read that the “document was created (started) on July 2, 2014 and modified (finalized) on
January 10, 2015.” According to the investigative report, the document, “Restoration,” was also
141
142
143
144
145
146
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 34.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 33.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 34.
Matt Shea, “Biblical Basis for War,” accessed December 24, 2019,
https://www.documentcloud.org/documents/5026577-Biblical-Basis-for-War.html.
Richard Lovett and Scot Hoffman, “Ark of the Covenant,” National Geographic, accessed December 24, 2019,
https://www.nationalgeographic.com/history/archaeology/ark-covenant.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 35.
Analysis of Bias and Errors in the Investigation Regarding Matt Shea
38
presented by Representative Shea during a “private symposium.” However, no claims are made
in the investigative report that Representative Shea wrote or even advocated the contents of
“Restoration.”147 Finding #7 lacks significant evidence to justify the investigators’ claims.
Analysis of Finding #8
Finding #8 in the section entitled “Other Incidents of Engaging in, Planning and Promoting
Political Violence” states that “Representative Shea engages in and promotes annual Patriot
Movement militia training and readiness exercises in support of anticipated armed conflicts
against federal, state and local governments and law enforcement.”148
Analysis
Finding #8 relies primarily on Witness 22 and one electronic document he provided.149 However,
multiple accounts contradict the testimony here given by witness 22.150 Representative Shea
admittedly has engaged in and promoted militia training and readiness exercises. These exercises
are designed in preparation for emergencies which may arise.151 However, the investigative report
does not demonstrate that these exercises support anticipated armed conflicts against federal,
state, and local governments and law enforcement.152 These militia exercises have no
demonstrated connection to any acts of political violence or domestic terrorism, and the
investigative report does not demonstrate that Representative Shea committed any illegal acts in
these exercises.
Conclusion
147
148
149
150
151
152
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 36.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 36.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 36-37.
John Jacob Schmidt, “Rampart Sham – Part 1: AmRRON Attacked With Lies, Innuendos in Left Wing Driven
Attack on Patriot Legislator,” AmRRON, accessed December 26, 2019, https://amrron.com/2019/12/22/rampartsham-part-1-amrron-attacked-with-lies-innuendos-in-left-wing-driven-attack-on-patriot-legislator.
John Jacob Schmidt, “Rampart Sham – Part 1: AmRRON Attacked With Lies, Innuendos in Left Wing Driven
Attack on Patriot Legislator,” AmRRON, accessed December 26, 2019, https://amrron.com/2019/12/22/rampartsham-part-1-amrron-attacked-with-lies-innuendos-in-left-wing-driven-attack-on-patriot-legislator.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 36-37.
Analysis of Bias and Errors in the Investigation Regarding Matt Shea
39
These eight findings of the investigative report do no demonstrate that Representative Shea
condoned, planned, or engaged in any act of political violence. Furthermore, many of these
findings are not supported by sufficient evidence to justify the investigators’ claims.
Analysis of Bias and Errors in the Investigation Regarding Matt Shea
40
Section VI
Analysis of Other Sections of the Report
Introduction
An analysis of other sections used by the investigative reports to justify the investigators’ claims
is given below. These sections include Section 3: Timeline of Events, Section 4: Political
Violence, Section 5: Shared Strategy – Representative Shea and the Patriot Movement, Section
6: Tactics, and Section 7: Communications.
Analysis of Investigative Report’s Timeline of Events
Section 3 of the Report of Investigation Regarding Representative Matt Shea details a timeline of
events taking place from 2007 to 2019.153 However, many of the events mentioned in the report
are irrelevant to the directives of the investigation commissioned by the Washington State House
of Representatives regarding Representative Shea.154 No attempt is made by the investigation to
connect these events to the directives of the investigation. Such irrelevant events include the
election of former President Obama in 2008, work emails to associates, traffic citations, etc.155
All other pertinent events were already discussed in previous sections of this analysis of the
report.
Analysis of Investigative Report’s Section 4: Political Violence
The Patriot Movement: The investigative report seemingly considers the “Patriot Movement”
to be an organization with “members,” rather than a political movement.156 The investigative
report uses the term “white supremacist” to describe this movement and claims that it “mobilizes
through conspiracy theories and apocalyptic narratives…” 157 However, these attributes can only
153
154
155
156
157
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 37-65.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 36-37.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 37.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 66.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 66.
Analysis of Bias and Errors in the Investigation Regarding Matt Shea
41
be ascribed to certain elements of this political movement. 158 The investigative report claims that
“Varied beliefs and motivations make up the Patriot Movement but they share four common
ingredients: (1) an obsessive suspicion of their government; (2) a deep-seated hatred and fear of
federal authorities; (3) belief in far-reaching conspiracy theories; and (4) a feeling that
Washington D.C. bureaucrats have discarded the U.S. Constitution.”159 Again, these are not
attributes shared by all people who are a part of the Patriot Movement. 160 Through the
investigators’ description of the Patriot Movement, this analysis of the report finds the
investigation to have been partially subjective to the biases of the investigators.
Patriot Movement Connections to Violence: The investigative report details certain incidents
of violence which may have been inspired by the Patriot Movement.161 However, not all people
who are part of this movement or associated with it have participated in acts of violence. The use
of this stereotype given by Rampart Group reveals significant bias.
Representative Shea’s connections to the Patriot Movement: The investigative report
attempts to use guilt by association to falsely implicate Representative Shea.162
Associations with Militia Groups: The investigative report uses an indirect association with the
III% militia group, an indirect association with the LFAIII% militia, an association with Citizens
for Constitutional Freedom, an indirect association with Operation Mutual Defense, an indirect
association with the Lightfoot Militia, and an indirect association with the Pacific Patriots
Network to suggest Representative Shea’s guilt. However, association fallacies (especially
indirect associations) are unethical and are not legally founded.163
Other Organizations: The investigative report’s use of Representative Shea’s associations with
Coalition of Western States, Constitutional Sheriffs and Peace Officers Association, and Marble
158
159
160
161
162
163
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 66.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 66.
Richard Abanes, “The Patriot Movement,” CRI, accessed December 27, 2019, https://www.equip.org/article/thepatriot-movement.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 66-67.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 67.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 67-71.
Analysis of Bias and Errors in the Investigation Regarding Matt Shea
42
Community Fellowship, as a means of implicating either party, is similarly unethical and not
legally founded.164
Sagebrush Rebellion to Sagebrush Insurgency: This subsection is found under the category
“Other Organizations” in the investigative report. However, this subsection does not relate to an
organization, but two distinct movements.165 Therefore, it should be considered separately. The
Sagebrush Rebellion was a political movement that occurred in the 1970s and 1980s.166 Given
that 1974 is Representative Shea’s birth year, it is doubtful that Representative Shea was
involved, and the investigative report makes no claims of his involvement in the Sagebrush
Rebellion.167 Finally, all of the events related to the “Sagebrush Insurgency” in which there is
suspicion of Representative Shea’s involvement are mentioned in previous sections of this
analysis of the report. This analysis of the report also notes that many people associated with
these political movements do not support or condone political violence.
Link to Representative Shea: The investigative report attempts to use an infographic published
by High Country News to link Representative Shea with groups and events associated with the
Sagebrush Insurgency.168 However, the article does not describe the extent of the associations.
This infographic does not provide any new information to the investigation of Representative
Shea.169 Also, the investigative report incorrectly identifies “Agenda 21” as “a group of
conspiracy theorists.”170 However, “Agenda 21” instead refers to an action plan of the United
Nations, about which many conservative theorists speculate.171
164
165
166
167
168
169
170
171
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 71-74.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 74-75.
Jonathan Thompson, “The first Sagebrush Rebellion: what sparked it and how it ended,” High Country News,
accessed December 27, 2019, https://www.hcn.org/articles/a-look-back-at-the-first-sagebrush-rebellion.
Wikipedia, “Matt Shea,” Accessed December 26, 2019, https://en.wikipedia.org/wiki/Matt_Shea.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 75-76.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 76.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 75.
United Nations, “Agenda 21,” accessed December 27, 2019,
https://sustainabledevelopment.un.org/outcomedocuments/agenda21.
Analysis of Bias and Errors in the Investigation Regarding Matt Shea
43
Analysis of Investigative Report’s Section 5: Shared Strategy - Representative Shea and The
Patriot Movement
This section of the investigative report addresses Representative Shea’s political views.
However, Representative Shea’s personal beliefs are irrelevant to the scope of the investigation.
Also, in the Defense of the Constitution subsection of this analysis of the report, the investigators
reveal a political bias against Representative Shea’s political views.
Defense of the Constitution: The investigative report claim that Representative Shea’s political
views arise from his “inaccurate interpretation” of the constitution.172 In this statement, the
investigators demonstrate a clear bias against a particular political philosophy.
Land Issues: This section states that a “key issue” for Representative Shea is “eliminating land
ownership by the federal government.”173 This section of the report, however, does not
demonstrate a connection between Representative Shea and political violence or domestic
terrorism.
Weapons: This section demonstrates that Representative Shea advocates a strict interpretation of
the Second Amendment.174 This section, however, does not demonstrate any misuse of weapons
on the part of Representative Shea.
Removal of Power from the Federal Government: This subsection of the investigative report
addresses Representative Shea’s belief that certain powers should be transferred from the federal
government to state, local, and individual control.175
Law Enforcement at the Sheriff Level: This subsection of the investigative report outlines
Representative Shea’s belief that sheriffs are the “highest law enforcement officials in the
172
173
174
175
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 77.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 77.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 77.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 77.
Analysis of Bias and Errors in the Investigation Regarding Matt Shea
44
land.”176 This analysis of the report does note, however, that no sources are referenced in this
subsection to support Rampart Group’s statement.
Analysis of Section 6: Tactics
The investigative report uses section 6 entitled “Tactics” in an attempt to demonstrate
Representative Shea employs certain methods to further his own ambitions. However, the
investigative report lacks evidence to justify these claims.
Political Power: This subsection of the investigation report outlines Representative Shea’s use
of his position as a legislator. The investigators claim that Representative Shea engaged in a
meeting with Harney County officials, and federal and local law enforcement, ostensibly to
gather intelligence on law enforcement plans to share with the insurgents.”177 However, the use of
the word “ostensibly” indicates the lack of evidence to demonstrate that Representative Shea
held the meeting for this purpose or used the information in this manner.
Fear: This subsection points to Representative Shea’s alleged use of fear to develop and grow
his political support. The incidents used in the investigative report to justify this conclusion do
not include any illegal acts performed by Representative Shea or any actions taken by
Representative Shea to support or condone political violence.178
Radicalization: This subsection does not reveal any information not previously discussed. 179
Intimidation and Use of Force: This subsection references two events: Representative Shea’s
online post encouraging people to protest BLM land Management practices; and actions taken by
armed militants in the city of Burns, Oregon.180 Representative Shea’s online posting did not ask
readers to use intimidation as a means of effecting change, nor does it demonstrate that
176
177
178
179
180
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 77-78.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 78.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 78-79.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 79.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 79-80.
Analysis of Bias and Errors in the Investigation Regarding Matt Shea
45
Representative Shea wanted anything other than a peaceful protest.181 Also, the actions
mentioned in this subsection related to the armed militants in the city of Burns were not
performed by Representative Shea. Furthermore, the investigative report has not demonstrated
that their actions were supported, condoned, or planned by Representative Shea.182
Analysis of Section 7: Communications
This section of the report addresses the methods of communication used by Representative
Shea.183 This analysis of the report finds that the investigators’ overuse the word “encrypted” to
describe the emails sent by Representative Shea implies that Representative Shea had an above
normal desire for the confidentiality of his emails.184 However, several major email hosts
including Gmail, Outlook, etc. encrypt users’ emails to protect their privacy.185 Representative
Shea’s use of encrypted emails suggests very little about his intentions and has very little
relevance to the scope of the investigation.
The investigative report also claims: “Representative Shea and his associates have also been
known to use what they call ‘Red Phones’ when engaged in a conflict. Red phones are
understood to be pre-paid telephones that are untraceable.”186
However, the investigative report does not discuss or cite how the investigators came to
understand “Red Phones” to be untraceable pre-paid telephones.
181
182
183
184
185
186
Dutchman6, “Open Letter from Rep. Matt Shea,” Sipsey Street Irregulars, accessed December 24, 2019,
http://sipseystreetirregulars.blogspot.com/2014/04/open-letter-from-rep-matt-shea.html.; Leodler and Leodler,
“Report of Investigation Regarding Representative Matt Shea Washington State House of Representatives,” 12,
79.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 79-80.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 80.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 80.
Rapid Web Services, “How to Send Encrypted Email on 3 Major Email Platforms, accessed December 26, 2019,
https://www.thesslstore.com/blog/how-to-send-encrypted-email-on-3-major-email-platforms.
Leodler and Leodler, “Report of Investigation Regarding Representative Matt Shea Washington State House of
Representatives,” 80.
Analysis of Bias and Errors in the Investigation Regarding Matt Shea
46
Section IX
Recommendations
Available Choices
The Washington State House of Representatives and the Washington State House Republican
Caucus can pursue one of multiple options regarding Representative Shea. These options each
carry certain liabilities or implications if they are pursued.
Maintenance of the Situation: The first option that can be pursued is the maintenance of the
current situation. This option would allow Representative Shea to remain in the legislature while
operating independently of both caucuses; he would also be unable to participate in committees
without the support of either caucus in this scenario.187
Expulsion from the Legislature: This is the second option that can be pursued by the
Washington State House of Representatives. In this option, the Washington State House of
Representatives would vote on whether or not to expel Representative Shea from the House of
Representatives. As per the Washington State Constitution Article II Section 9, if two-thirds of
the House of Representatives vote to remove Representative Shea from office, Representative
Shea would be expelled from the House of Representatives and replaced under the provisions of
Amendment 52 to Article II Section 15 of the Washington State Constitution.188 This option
would require at least nine House Republican Caucus members to join the House Democrats in
expelling Representative Shea (There are 56 House Democrats and 97 total members of the
House of Representatives at the time of this analysis of the report.)189
187
188
189
J.T. Wilcox, “Statement from House Republican Leader J.T. Wilcox on the Rep. Matt Shea investigation,”
Washington State House Republicans, https://jtwilcox.houserepublicans.wa.gov/2019/12/19/statement-fromhouse-republican-leader-j-t-wilcox-on-the-rep-matt-shea-investigation.
Wash. Const Art. II § 9.; Wash. Const. Amend. 52.
Ballotpedia, “Washington House of Representatives,” accessed January 3, 2020,
https://ballotpedia.org/Washington_House_of_Representatives.
Analysis of Bias and Errors in the Investigation Regarding Matt Shea
47
Number of Representatives Necessary to Expel
Rep. Shea
11
31
56
40
9
House Democrats
Vacancies
Noncaucusing Republican
Other House Republicans
# House Republicans necessary for Expulsion
Resumption of Previous Status: In this option, Representative Shea would be allowed to return
to his position in the Washington State House Republican Caucus and his positions on House
committees.
Liability Assessment of Maintenance of the Situation
Although this option would require the least initial effort on the part of the members of the
Washington State House of Representatives and the Washington State House Republican
Caucus, long-term challenges in this option outweigh its initial ease. Recent media coverage of
the report released by the Washington State House of Representatives makes it likely that certain
members of the Washington State House of Representatives will pursue measures to expel
Representative Shea from the Washington State House of Representatives.190 Attempts made by
legislators to maintain the situation will be criticized by both supporters of Representative Shea
who desire him to return to his former role in the House Republican Caucus and by those who
will advocate for his expulsion from office. Furthermore, the partisan structure of the
Washington State House of Representatives will suffer the threat of Representative Shea
190
Seattle Times Editorial Board, “Expel Matt Shea from the Legislature,” Seattle Times, accessed December 26,
2019, https://www.seattletimes.com/opinion/editorials/expel-matt-shea-from-the-legislature.; Washington State
Democrats, “SIGN ON: It's long past time for Washington State Republicans to Expel and Condemn Rep. Matt
Shea,” accessed December 28, 2019, https://www.wa-democrats.org/form/-130460993593538816.
Analysis of Bias and Errors in the Investigation Regarding Matt Shea
48
operating as a third-party in the legislature and the potential occurrence of sympathetic
legislators caucusing with Representative Shea.
Liability Assessment of Expulsion from the Legislature
If the legislature chooses to pursue this option, several liabilities would be incurred. Firstly, a
decision to expel Representative Shea would violate trust of the voters who elected him to office.
Many supporters of Representative Shea may choose to sever associations with the legislators
who may vote for Representative Shea’s expulsion, and these voters may sever ties with the
Washington State Republican Party if the House Republican Caucus chooses to not support
Representative Shea. This would cost the Republican Party in Washington State many
Republican votes in the 2020 presidential election. Additionally, a decision to expel
Representative Shea would divide the House Republican Caucus between friends/allies of
Representative Shea and those who choose not to support him. Also, if the investigative report is
challenged for the bias, errors, and unjustified conclusions therein, legislators who voted for the
expulsion of Representative Shea will suffer criticism and scrutiny for their decision.
Liability Assessment of Resumption of Previous Status
In this option, the House Republican Caucus leadership would have to be prepared to stand by
their decision under potential media scrutiny. If the House Republican Caucus leadership pursues
this option and is unprepared to defend its decision, the House Republican Caucus will be
heavily criticized. If attempts are made by members of the House Democratic Caucus to expel
Representative Shea, a House Republican Caucus which would remain unanimous in defense of
Representative Shea could easily defeat attempts to expel him.
Recommendations
Based on this analysis, the following recommendations are made:
1) Representative Shea should be returned to the Washington State House Republican
Caucus and resume his prior positions on committees of the Washington State House of
Representatives.
Analysis of Bias and Errors in the Investigation Regarding Matt Shea
49
2) House Republican Caucus leadership should prepare themselves to justify reinstating
Representative Shea to the caucus by familiarizing themselves with the investigative
report and noting its bias, errors and unjustified conclusions.
3) The House Republican Caucus should encourage its members to vote against all attempts
to expel Representative Shea from the House of Representatives.
4) Additional research should be done to further analyze the investigative report and locate
additional errors and examples of bias therein.
Analysis of Bias and Errors in the Investigation Regarding Matt Shea
50
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