Bundy Trial ends In Mistrial!

[phill4paul]

Light, cast into the shadows, forced the hand of Judge Navarro to side with the defense for the first time in the Bunkerville Trials!


Mistrial declared in Bundy trial over withheld evidence

A judge declared a mistrial Wednesday morning in the Bunkerville standoff case involving rancher Cliven Bundy and other defendants, finding that the federal government improperly withheld evidence.

A new trial for Bundy, his sons Ammon and Ryan, and co-defendant Ryan Payne, on charges arising from the 2014 standoff with federal agents was set for early next year.

U.S. District Judge Gloria Navarro said that video surveillance, maps and FBI interview information was willfully withheld by the prosecution in violation of due process required by the U.S. Constitution.

Considered collectively, she said, the evidence that was withheld was favorable to the defendants and its untimely disclosure was prejudicial in that it “undermined the confidence of the outcome of the trial,” Navarro ruled.

Case law says that illegal suppression of evidence occurs when the government fails to turn over information that was available not only to the prosecution, but to federal investigative agencies, Navarro said. Thus information and reports obtained and created by the FBI and Bureau of Land Management were available to prosecutors and should have been made available to the defense, she said.

Since the start of trial in October, the defense has received 3,300 pages of discovery that was produced past deadline.
Had the evidence been provided in a timely manner to the defense, attorneys for Bundy would have asked different questions of the jury, exercised their peremptory challenges differently and made stronger arguments during their opening statements, she said.

Navarro said she wanted to be clear that her order did not mean that the evidence was in fact exculpatory or that the defendants were not guilty.
“That’s not my technical position, and it’s not a factual decision to be made by this court,” Navarro said. “The defense has a right to information so it can provide it to the jury so the jury can decide.”

The new trial, which must begin 70 days after an ordered mistrial, is set to begin Feb. 15.

After Navarro’s ruling, Ryan Bundy stood and requested amended release conditions for himself and his fellow defendants in light of the mistrial. Navarro said he would have to make his request to the pretrial office at a later time.

Moments after the ruling, a livestock semitrailer with “Ladybug Ranch” plastered on the back drove past the courthouse, blaring its horn.

https://www.reviewjournal.com/news/bundy-blm/mistrial-declared-in-bundy-trial-over-withheld-evidence/

Hey, AUSA Myhre...

http://i0.kym-cdn.com/photos/images/newsfeed/000/803/079/f30.gif

[jllundqu]

New trial in Feb 2018... shitty luck

[phill4paul]

New trial in Feb 2018... shitty luck

That is just when it is scheduled. Has to be scheduled within 70 days of end of this trial. I have my doubts whether it will go forward.

[TheTexan]

Thought this thread was gonna be about Ted Bundy.

Disappointed.

[kcchiefs6465]

God bless. How many times are these assholes going to try this case?

[Danke]

Thought this thread was gonna be about Ted Bundy.

Disappointed.


Your buddy got the Chair.

[AZJoe]

Government Withheld Exculpatory Evidence: (https://www.azcentral.com/story/news/local/arizona-investigations/2017/12/20/cliven-bundy-nevada-ranch-cattle-grazing-blm-standoff-trial/965402001/)

five key pieces of information that prosecutors did not disclose: records about surveillance and snipers at the Bundy Ranch; unredacted FBI logs about activity at the ranch in the days around the standoff; threat assessments about the Bundys dating to 2012; and internal affairs reports about the BLM.

[TheTexan]

Your buddy got the Chair.

I was thinking of Al Bundy.

But I guess Ted is slightly more famous.

[phill4paul]

Government Withheld Exculpatory Evidence: (https://www.azcentral.com/story/news/local/arizona-investigations/2017/12/20/cliven-bundy-nevada-ranch-cattle-grazing-blm-standoff-trial/965402001/)

five key pieces of information that prosecutors did not disclose: records about surveillance and snipers at the Bundy Ranch; unredacted FBI logs about activity at the ranch in the days around the standoff; threat assessments about the Bundys dating to 2012; and internal affairs reports about the BLM.

Navarro has been a bitch through these trials. Prejudiced as hell. Ammon asked for a release from house detention and his father in light of the revelations of the threat assessment. She told him he would have to take it up with a post trial judge. So the bitch stole Christmas. Because Cliven won't leave prison until everyone leaves.

[sparebulb]

The new trial, which must begin 70 days after an ordered mistrial, is set to begin Feb. 15.

Doin' right ain't got no end.

https://contraryperspective.files.wordpress.com/2013/12/captain.jpg

[phill4paul]

Doin' right ain't got no end.

https://contraryperspective.files.wordpress.com/2013/12/captain.jpg

I predict if it goes again AUSA Myher won't be lead. He's 0-3. With a full unfettered disclosure, and the Brady revelations, he's gone. He's reached the pinnacle of his GS rating. Though I'm sure there is a lucrative partnership in a firm awaiting him.

[AuH20]

Trump should pardon Bundy in light of these recent revelations. Stone needs to keep bothering him.

[phill4paul]

Trump should pardon Bundy in light of these recent revelations. Stone needs to keep bothering him.

You have to be convicted to get a pardon, but, whatever......

[AZJoe]

The Mistrial Comes After a BLM WhistleBlower Exposed Willful Withholding of Evidence (http://www.oregonlive.com/oregon-standoff/2017/12/blm_investigator_alleges_misco.html):

The memo comes from Larry Wooten, who had been the lead case agent and investigator for the U.S. Bureau of Land Management … Wooten also testified before a federal grand jury that returned indictments against the Bundys. …

he was removed from the investigation last February after he complained to the U.S. Attorney’s Office …

Then Wooten sent a whistleblower email to the U.S. Department of Justice, alleging a “widespread pattern of bad judgment, lack of discipline, incredible bias, unprofessionalism and misconduct, as well as likely policy, ethical and legal violations among senior and supervisory staff” at the Bureau …

supervisory agents with the bureau repeatedly mocked the defendants in an “amateurish carnival atmosphere” that resembled something out of middle school, displayed “clear prejudice” against the Bundys, their supporters and Mormons, and prominently displayed degrading altered booking photos of Cliven Bundy and other defendants …

The memo described “heavy handedness” by government officers as they prepared to impound Cliven Bundy’s cattle. … officers “bragged about roughing up Dave Bundy, grinding his face into the ground and Dave Bundy having little bits of gravel stuck in his face.”

Wooten contends that supervisory agents failed to turn over required discovery evidence to the prosecution team that could help the defense or be used to question the credibility of a witness, as required by law.

[AZJoe]

More BLM Corruption from the Free Thought Project (http://thefreethoughtproject.com/lead-blm-investigator-blows-twhistle-corruption/):


Additionally, lead agents on the case “instigated” monitoring of jail phone calls without the consent of the U.S. Attorney’s Office or the FBI – essentially going rogue – until Nevada’s acting U.S. attorney Steven Myhre, who is leading the prosecution, put an end to the illicit surveillance.

The memo by Wooten accused special agent-in-charge of the Bunkerville/Gold Butte operation for the BLM, Dan Love, of intentionally ignoring U.S. Attorney’s Office directives and his BLM superiors (https://redoubtnews.com/2017/12/shea-exposes-blm-atrocities/) “in order to command the most intrusive, oppressive, large-scale and militaristic trespass cattle impound possible.”

[Origanalist]

Can they sue?

[Swordsmyth]

You have to be convicted to get a pardon, but, whatever......

Ford pardoned Nixon without a conviction.

[pcosmar]

"I believe there is no jury in this country that will convict us," Ammon Bundy said. "We have something most powerful, and that's the truth."

I do hope that is true.

[phill4paul]

Can they sue?

They've spent 677+ days in jail. What do you think?

[Origanalist]

They've spent 677+ days in jail. What do you think?

Well, I'm no legal expert but I would say compensation is in order.

[sparebulb]

They've spent 677+ days in jail. What do you think?

If it were in Springfield, Oregon, they would be charged $60 per day for room and board.

That would be $40,620 per man.

[phill4paul]

Well, I'm no legal expert but I would say compensation is in order.

The government is going to have to consider the pay out to the gambit of a new trial. That, to me, is the deciding factor at this point. That, and loss of face.

[pcosmar]

I won't consider it over until the Cattle Rustling Mercenaries are disarmed and arrested and charged.. Just as Cliven had asked of Law enforcement from the beginning.

and identities of the perpetrators are known.

[phill4paul]

AG Sessions orders examination of Bundy case after mistrial over prosecution bungling

By Valerie Richardson – The Washington Times – Thursday, December 21, 2017

Attorney General Jeff Sessions stepped into the Bundy prosecution after Wednesday’s mistrial, ordering a third-party examination of the case in light of the latest government snafu.

“The attorney general takes this issue very seriously and has personally directed that an expert in the [Justice Department’s] discovery obligations be deployed to examine the case and advise as to the next steps,” said Ian D. Prior, the department’s principal deputy director of public affairs, in a late Wednesday statement.

The decision to intervene came after Chief U.S. District Court Judge Gloria Navarro declared a mistrial over the government’s “willful failure to disclose information” to the defense, saying it would have been “impossible” for the four co-defendants to receive a fair trial.

https://www.oathkeepers.org/ag-sessions-orders-examination-bundy-case-mistrial-prosecution-bungling/

[Swordsmyth]

https://www.oathkeepers.org/ag-sessions-orders-examination-bundy-case-mistrial-prosecution-bungling/

Has he awakened from his sleeping sickness? Or is this just for show?

[phill4paul]

Has he awakened from his sleeping sickness? Or is this just for show?

My guess is he wants to replace Myhre with a competent prosecutor before the retrial.

[sparebulb]

Has he awakened from his sleeping sickness? Or is this just for show?

I'm sure that he is responding to the perception that the prosecution is losing.......not that they are evil, illegal, and corrupt.

I'm sure he's there to get the prosecution back on track.

[AZJoe]

The Department of Justice (DOJ) has opened a probe into federal prosecutors (http://www.zerohedge.com/news/2017-12-23/doj-opens-probe-bundy-prosecutors-who-hid-evidence) of the recent trial of Nevada rancher Cliven Bundy …

After the prosecutions numerous missteps and “willful” withholding of evidence that would aid the Bundy’s defense, the judge ruled (http://www.oregonlive.com/oregon-standoff/2017/12/mistrial_declared_in_cliven_bu.html) a mistrial Wednesday …

Attorney General Jeff Sessions “personally directed that an expert in the department’s discovery obligations be deployed to examine the case and advise as to next steps,” DOJ deputy director of public affairs Ian Prior told (http://www.oregonlive.com/oregon-standoff/2017/12/rebuke_of_federal_us_attorneys.html) The Oregonian.

“This is every prosecutor’s nightmare,” retired federal prosecutor Kent Robinson said.

Weeks before … a memo written (http://dailycaller.com/2017/12/18/report-fed-agency-committed-militaristic-operation-against-nevada-rancher/) by a BLM agent assigned to investigate the agency’s actions during the 2014 raid on the Bundy ranch was released. The memo contained serious allegations of misconduct and likely illegal activities by BLM officials and prosecutors, led by acting Nevada U.S. Attorney Steven Myhre, throughout the raid and trial of Cliven Bundy. …

Myhre had removed the agent responsible for the memo, Larry Wooten, from his position investigating the BLM in February, confiscating all his records and data. Wooten wrote his 18 page memo from memory and leaked it the DOJ.

[Weston White]

https://i.imgur.com/9nJ8qBz.gif

...Oh, wrong thread, Peg!


Hmmm... Is it possible for Nevada to sue these federal agencies for obstructing the justice of one or more of its citizens, and conspiracy?

[Schifference]

Why do people feel a mistrial is a win?

If, "After the prosecutions numerous missteps and “willful” withholding of evidence that would aid the Bundy’s defense, the judge ruled a mistrial Wednesday …" is true, a win would have been to proceed with the trial and win it because of the aforementioned. Instead, one team shows up for the super bowl with its star players and several get injured so the game is stopped and rescheduled for a future date.

The prosecutors screw up and a mistrial is declared and new trial set. The defense screw up and they would be found in contempt or whatever and incarcerated.

Why is this a win?

[pcosmar]

Why is this a win?

Because.


"I believe there is no jury in this country that will convict us," Ammon Bundy said.

And because all the evidence that would " aid the Bundy’s defense" will be available in another trial.

And because the Prosecutor is demonstrating Failure and incompetence of an epic level.

[FSP-Rebel]

Merry Christmas to the Bundy dudes.

[Schifference]

Because.



I guess no one can be as wise as Pete. When you do auto restoration you are the king. You restore 1967-1972 Chevy truck and are the best!

Amen to you!

Because!!

[Raginfridus]

If I was Bundys, I'd be thankful but pensive this Christmas. USG never lose and MSM love to Shylock. The Hammonds are still in jail, although the tools of control at Huffpo assure us their sentences are not "cruel or unusual".

[pcosmar]

I guess no one can be as wise as Pete. When you do auto restoration you are the king. You restore 1967-1972 Chevy truck and are the best!

Amen to you!

Because!!

Wow,, what a very interesting rant.
and YES "Because"

because no jury will convict them with the evidence that would be presented.
Because The Government has no case.
Because the Land Management Thugs were criminals.

Because this was provoked by Government Hired mercenaries.

It takes no great wisdom.. only the ability to read and comprehend.

[pcosmar]

Wow,, what a very interesting rant.
and YES "Because"

because no jury will convict them with the evidence that would be presented.
Because The Government has no case.
Because the Land Management Thugs were criminals.

Because this was provoked by Government Hired mercenaries.

It takes no great wisdom.. only the ability to read and comprehend.

oh,, and also currently unemployed and homeless.. but watch and see.

[Origanalist]

I guess no one can be as wise as Pete. When you do auto restoration you are the king. You restore 1967-1972 Chevy truck and are the best!

Amen to you!

Because!!

You haven't seen him in a teddy.

[pcosmar]

You haven't seen him in a teddy.

I haven't worn one for a long time.

[Mach]

Here's a read.....

https://theintercept.com/2017/05/16/the-bizarre-story-behind-the-fbis-fake-documentary-about-the-bundy-family/

The Bizarre Story Behind the FBI’s Fake Documentary About the Bundy Family


The story of the FBI’s fake documentary crew, revealed in more than 100 hours of video and audio recordings obtained by The Intercept, offers an unprecedented window into how federal law enforcement agents impersonate journalists to gain access to criminal suspects. The raw material produced by the FBI was presented under seal in the U.S. District Court in Nevada, where Ryan Bundy, his father, Cliven, and his brothers, as well as more than a dozen supporters, were charged with conspiracy, assault, weapons offenses, and other crimes related to their standoff with the government.


When the FBI’s actions were revealed nearly seven years later, the Associated Press and the Reporters Committee for Freedom of the Press, representing 25 other news organizations, wrote letters to FBI Director James Comey and Attorney General Eric Holder objecting to the practice of impersonating journalists in criminal investigations. In a November 6, 2014, letter to the New York Times, Comey defended the practice. “That technique was proper and appropriate under Justice Department and FBI guidelines at the time,” he wrote. “Today, the use of such an unusual technique would probably require higher level approvals than in 2007, but it would still be lawful and, in a rare case, appropriate.”

In June 2016, the FBI adopted an interim policy that requires undercover operations involving the impersonation of news media to be approved by the deputy director of the FBI in consultation with the deputy attorney general. Because the FBI’s fake documentary project in Nevada began before this policy was enacted, it’s unclear whether senior leaders at the FBI signed off. The FBI did not respond to questions for this story, including a request for that information. Instead, the bureau released only a prepared statement to The Intercept: “The FBI conducts investigative activity in accordance with the Attorney General’s Guidelines and the Domestic Investigations and Operations Guide. These authorities provide safeguards (:D) intended to ensure that FBI employees act in accordance with the law and the Constitution.”

[AZJoe]

DailySheeple Update (http://www.thedailysheeple.com/shock-unsealed-court-docs-show-how-prosecutors-tried-to-rig-the-bundy-trial_122017):

The Bundys’ case ended in a mistrial Dec. 20 after Judge Gloria Navarro ruled (https://www.nytimes.com/2017/12/20/us/cliven-bundy-mistrial.html?mtrref=www.google.com&gwh=9715F5D2F5BC843F439CAF04E5B93707&gwt=pay) that prosecutors violated the civil rights of the defendants by withholding evidence … Navarro is considering dismissing the case “with prejudice” … Her decision will come Jan. 8 …

“There were approximately 3,000 pages that were provided to us only after we started trial,” Bundy lawyer Bret D. Whipple told The NYT. “I personally have never seen anything like this, especially in a case of such importance.”

Those 3,000 pages include the Bundys’ requests for multiple federal assessments that showed the Bundy family was likely not dangerous. … until a government witness, under cross examination, revealed knowledge of the assessments in court …

Defense attorney’s asked federal prosecutors to hand over Inspector General reports on Bureau of Land Management (BLM) agent Dan Love, who directed the BLM raid … Love was fired (http://freerangereport.com/index.php/2017/09/18/key-blm-figure-in-bundy-ranch-raid-dan-love-fired-for-corruption-theft/) from the agency in September for corruption and unethical behavior. Prosecutors had dismissed the allegations and investigations of Love as an “urban legend,” but ended up handing over 500 pages worth of reports on Love in December …

Attorney General Jeff Sessions, however, launched (http://abcnews.go.com/Politics/wireStory/bundy-mistrial-draws-sessions-probe-calls-broad-review-51961402) an investigation into prosecutorial misconduct after the mistrial.

[AZJoe]

Here's a read.....

https://theintercept.com/2017/05/16/the-bizarre-story-behind-the-fbis-fake-documentary-about-the-bundy-family/

The Bizarre Story Behind the FBI’s Fake Documentary About the Bundy Family

Excellent comprehensive report by The Intercept. Good video and audio clips at the website.

[donnay]

Unsealed Court Docs Show How Prosecutors Tried To Rig Bundy Trial

TIM PEARCE
Energy Reporter

Unsealed court documents detail how the team of prosecutors tasked with convicting Cliven Bundy and his sons of crimes relating to a 2014 armed standoff failed to turn over potential exculpatory evidence to the court, The Oregonian reports.

The Bundys’ case ended in a mistrial Dec. 20 after Judge Gloria Navarro ruled that prosecutors violated the civil rights of the defendants by withholding evidence supporting the Bundys’ case. Navarro is considering dismissing the case “with prejudice” and blocking prosecutors from retrying the case. Her decision will come Jan. 8, according to The New York Times.

“There were approximately 3,000 pages that were provided to us only after we started trial,” Bundy lawyer Bret D. Whipple told TheNYT. “I personally have never seen anything like this, especially in a case of such importance.”

Those 3,000 pages include the Bundys’ requests for multiple federal assessments that showed the Bundy family was likely not dangerous. Prosecutors called the requests part of a “long list of frivolous and vexatious pleadings,” until a government witness, under cross examination, revealed knowledge of the assessments in court, The Oregonian reports.

Defense attorney’s asked federal prosecutors to hand over Inspector General reports on Bureau of Land Management (BLM) agent Dan Love, who directed the BLM raid on the Bundy ranch to seize the family’s cattle over decades of unpaid grazing fees. Love was fired from the agency in September for corruption and unethical behavior.

Prosecutors had dismissed the allegations and investigations of Love as an “urban legend,” but ended up handing over 500 pages worth of reports on Love in December, according to The Oregonian.

The Bundys’ lawyers made two requests to Navarro for a special “discovery monitor” to ensure that all relevant documents were being turned over by the prosecution. Both requests were denied. Attorney General Jeff Sessions, however, launched an investigation into prosecutorial misconduct after the mistrial.
http://dailycaller.com/2017/12/29/unsealed-court-docs-show-how-prosecutors-tried-to-rig-bundy-trial/?utm_referrer=https%3A%2F%2Fzen.yandex.com

[Weston White]

https://zombiesruineverything.files.wordpress.com/2013/10/bj4.jpg


None of it added up to Glendale police. So they charged Johnson with unauthorized practice of private investigations and issued a summons to appear in court. Local prosecutors dropped the charges after receiving a letter from the FBI asking them not to prosecute.

It’s unclear what the goal of Johnson’s Glendale undercover operation was or why the FBI’s Denver office decided to use a journalistic cover. “We are not able to comment on the questions you have posed,” said Special Agent Amy Sanders, a spokesperson for the FBI’s Denver office.

In June 2016, four months after this incident, the FBI adopted an interim policy that requires undercover operations involving the impersonation of news media to be approved by the deputy director of the FBI in consultation with the deputy attorney general. As FBI director, James Comey defended the practice of impersonating journalists in criminal investigations but described it as “rare.”

Johnson testified in March in the jury trial of six defendants who had supported the Bundys during the 2014 standoff with federal agents. The trial ended in convictions against two defendants and a hung jury for the other four. Johnson is also expected to testify in the trial of Cliven Bundy and his sons, which is scheduled to begin June 26. The trial may include as evidence video that Johnson produced while impersonating a documentary filmmaker.

https://theintercept.com/2017/05/16/how-an-undercover-fbi-agent-ended-up-in-jail-after-pretending-to-be-a-journalist/

[Mach]

Excellent comprehensive report by The Intercept. Good video and audio clips at the website.

I couldn't believe they brought it up and reported so openly about it, respect.

Another one, Dec. 22, 2017

How the Government Botched the Case Against Cliven Bundy

https://theintercept.com/2017/12/22/cliven-bundy-case-ranch-standoff-fbi/

[goldenequity]

Pete Santilli is back. :)

https://www.youtube.com/user/TheOverthrowShow/videos?disable_polymer=1

[pcosmar]

Ryan Bundy Files For Dismissal Of Indictment
https://redoubtnews.com/2017/12/ryan-bundy-files-dismissal-indictment/




IMAGINE….

You and your family are enjoying a Sunday BBQ in your back yard when suddenly heavily armed thugs rush into your yard intent on stealing your pets, your food and your water and harming your wife, children and other family members!

Fortunately for you, neighbors and friends having been alerted to this band of armed robbers come to your rescue to show their support…the thugs depart.

Two years later other heavily armed thugs show up, arrest you for resisting the previous thugs, throw you in prison and abuse you for nearly two years, while their cohorts in criminal court weave a vicious story about YOUR armed resistance to “law enforcement”.

What do you do????





*Update: The motion was amended on Dec. 29th. The attachment below reflects the amended motion.
https://redoubtnews.com/wp-content/uploads/2017/12/12.29.17-AMENDED-MANDATE-DISMISS-MISTRIAL-003082-R.Bundy_.pdf

[pcosmar]

All the news today is about the persecutors groveling for a chance to flaunt their incompetence one more time.

And with evidence available they should do so,, and put the US GOV on trial.

I can not believe there is a rational mind that would do so,, so we are obviously dealing with some form of deviant mind.

we should see in a week.

[Danke]

https://theconservativetreehouse.com/2018/01/08/breaking-federal-judge-throws-out-case-against-cliven-bundy-with-prejudice-gross-prosecutorial-misconduct/#more-144332 (https://theconservativetreehouse.com/2018/01/08/breaking-federal-judge-throws-out-case-against-cliven-bundy-with-prejudice-gross-prosecutorial-misconduct/)

BREAKING – Federal Judge Throws Out Case Against Cliven Bundy – “With Prejudice”, “Gross Prosecutorial Misconduct”… (https://theconservativetreehouse.com/2018/01/08/breaking-federal-judge-throws-out-case-against-cliven-bundy-with-prejudice-gross-prosecutorial-misconduct/)
Posted on January 8, 2018 (https://theconservativetreehouse.com/2018/01/08/breaking-federal-judge-throws-out-case-against-cliven-bundy-with-prejudice-gross-prosecutorial-misconduct/) by sundance (https://theconservativetreehouse.com/author/sundancecracker/)
Wow. Follow up to THIS STORY (https://theconservativetreehouse.com/2017/12/20/breaking-due-to-prosecutor-misconduct-judge-declares-mistrial-in-fed-case-against-cliven-bundy/) – In a stunning rebuke to federal prosecutors a federal court judge has thrown out the case against Nevada rancher Cliven Bundy “with prejudice”. Bundy and his sons cannot be retried, and will walk free.


https://theconservativetreehouse.files.wordpress.com/2014/04/cliven-bundy-1.jpg?w=640&h=427 (https://theconservativetreehouse.files.wordpress.com/2014/04/cliven-bundy-1.jpg)


In order for a federal judge to completely dismiss a case of this significance indicates the court has found serious and compelling evidence of “gross misconduct” on the part of the prosecuting team.


LAS VEGAS (https://www.azcentral.com/story/news/local/arizona-investigations/2018/01/08/cliven-bundy-ranch-standoff-case-retried-federal-court-ruling/1008051001/) — Nevada rancher Cliven Bundy, his two sons and a militia member will not face a retrial on charges that they led an armed rebellion against federal agents in 2014.


A federal judge on Monday said the federal prosecutors’ conduct was “outrageous” and “violated due process rights” of the defendants.




U.S. District Court Judge Gloria Navarro dismissed the charges against the four men “with prejudice,” meaning they cannot face trial again. She said a new trial would not be sufficient to address the problems in the case and would provide the prosecution with an unfair advantage going forward.


As the courtroom doors opened after Navarro’s ruling, a huge cheer went up from the crowd of spectators gathered outside.


Navarro’s decision comes less than a month after she declared a mistrial in case and found federal prosecutors willfully withheld critical and “potentially exculpatory” evidence from the defense.


Cliven Bundy, his sons Ammon and Ryan Bundy, and militia member Ryan Payne were all in court. Cliven Bundy had remained in jail until the hearing; the judge ordered his immediate release.


Navarro on Dec. 20 cited six pieces of evidence the Nevada U.S. Attorney’s Office failed to disclose that was favorable to the defense and could have changed the outcome of the trial.


The evidence included:




Records about surveillance at the Bundy ranch;
Maps about government surveillance;
Records about the presence of government snipers;
FBI logs about activity at the ranch in the days leading up to standoff;
Law-enforcement assessments dating to 2012 that found the Bundys posed no threat;
Internal affairs reports about misconduct by Bureau of Land Management agents.

“Failure to turn over such evidence violates due process,” Navarro said last month. “A fair trial at this point is impossible.” (read more (https://www.azcentral.com/story/news/local/arizona-investigations/2018/01/08/cliven-bundy-ranch-standoff-case-retried-federal-court-ruling/1008051001/))


https://theconservativetreehouse.files.wordpress.com/2016/01/aamon-bundy.jpg?w=637&h=637 (https://theconservativetreehouse.files.wordpress.com/2016/01/aamon-bundy.jpg)https://theconservativetreehouse.files.wordpress.com/2014/04/bundy-1.jpg?w=640&h=411 (https://theconservativetreehouse.files.wordpress.com/2014/04/bundy-1.jpg)https://theconservativetreehouse.files.wordpress.com/2014/04/bundy-ranch-3-1.jpg?w=640&h=359 (https://theconservativetreehouse.files.wordpress.com/2014/04/bundy-ranch-3-1.jpg)

[dude58677]

So much winning!

[Origanalist]

Sue the shit right out of them. I'm not sure what the chances of success are but if someone with the legal background to know told me they were good I would drop the hammer and hard.

[Swordsmyth]

https://images.duckduckgo.com/iu/?u=https%3A%2F%2Ftse4.mm.bing.net%2Fth%3Fid%3DOIP. RiIhjwNe1KZX_YaWndAUegHaEK%26pid%3D15.1&f=1

[pcosmar]

Why is this a win?

Observe,,
What a win looks like.

https://img.washingtonpost.com/rf/image_1484w/2010-2019/Wires/Online/2018-01-08/AP/Images/Ranching_Standoff_Trial_81241.jpg-0056b.jpg?uuid=Db9BmPSyEeea96ULwzAAQg

https://www.washingtonpost.com/national/the-latest-judge-ends-case-against-rancher-bundy-2-sons/2018/01/08/da2458d4-f4a0-11e7-9af7-a50bc3300042_story.html?utm_term=.8125f50dfa86

[phill4paul]

Sue the shit right out of them. I'm not sure what the chances of success are but if someone with the legal background to know told me they were good I would drop the hammer and hard.

Absolutely. Two Federal trials and two Federal trial failures. Also time for a restraint order on Uncle Sam. If it ever happens again a case could be made for targeted persecution.

[Anti Federalist]

Was just coming here to post all that.

[Danke]

Was just coming here to post all that.


Don’t you have a boat in rough seas to attend to? And more ibuprofen to take?

[AZJoe]

https://theconservativetreehouse.com/2018/01/08/breaking-federal-judge-throws-out-case-against-cliven-bundy-with-prejudice-gross-prosecutorial-misconduct/#more-144332 (https://theconservativetreehouse.com/2018/01/08/breaking-federal-judge-throws-out-case-against-cliven-bundy-with-prejudice-gross-prosecutorial-misconduct/)

From the tidbits in the article (https://www.azcentral.com/story/news/local/arizona-investigations/2018/01/08/cliven-bundy-ranch-standoff-case-retried-federal-court-ruling/1008051001/), the judge ripped the prosecution, FBI and other federal agents. The prosecution's conduct was "outrageous", and "violated the due process" of defendants with an "intentional abdication of its responsibility".

"The court finds that the universal sense of justice has been violated". "A fair trial at this point is impossible."

[Swordsmyth]

Was just coming here to post all that.


Don’t you have a boat in rough seas to attend to? And more ibuprofen to take?

We wouldn't want this to happen to AF:

Burning Iranian Oil Tanker Off China's Coast In Danger Of Exploding, Sinking (http://www.ronpaulforums.com/showthread.php?518274-Burning-Iranian-Oil-Tanker-Off-China-s-Coast-In-Danger-Of-Exploding-Sinking)

[Swordsmyth]

From the tidbits in the article (https://www.azcentral.com/story/news/local/arizona-investigations/2018/01/08/cliven-bundy-ranch-standoff-case-retried-federal-court-ruling/1008051001/), the judge ripped the prosecution, FBI and other federal agents. The prosecution's conduct was "outrageous", and "violated the due process" of defendants with an "intentional abdication of its responsibility".

"The court finds that the universal sense of justice has been violated". "A fair trial at this point is impossible."

When is she going to criticize her own behavior?

[phill4paul]

From the tidbits in the article (https://www.azcentral.com/story/news/local/arizona-investigations/2018/01/08/cliven-bundy-ranch-standoff-case-retried-federal-court-ruling/1008051001/), the judge ripped the prosecution, FBI and other federal agents. The prosecution's conduct was "outrageous", and "violated the due process" of defendants with an "intentional abdication of its responsibility".

"The court finds that the universal sense of justice has been violated". "A fair trial at this point is impossible."

Navarro did her fair share. She would not let the U.S. Constitution be used as a defense. At every opportunity she sided with the prosecution and inhibited the defense. She was biased to the the Federal government. She was in CYA mode. The bitch needs to be hanged from a lamp post.

[Swordsmyth]

When is she going to criticize her own behavior?

https://preview.ibb.co/dnS54w/article_2535709_1_A7_D371000000578_703_964x531.jpg

[pcosmar]

When is she going to criticize her own behavior?

Cliven explained that,, on his way out.
There is video of it.

She did a great many favors.

[phill4paul]

Far from over...


Navarro set a Feb. 26 trial date for four defendants still awaiting trial, including two more Bundy sons, Mel and David.


Nevada's newly appointed acting U.S. attorney, Dayle Elieson, released a one-sentence statement saying she will make a determination about whether to challenge the ruling before the 9th U.S. Circuit Court of Appeals.

https://lasvegassun.com/news/2018/jan/08/us-judge-in-las-vegas-may-dismiss-ranching-standof/

Also, the lefts autistic screeching....


Kieran Suckling, an official with the Center for Biological Diversity, which fought for decades to protect endangered desert tortoises on rangeland where Bundy cows graze, called the prospect of a wider audience for the states' rights figure cause for concern.

"Federal prosecutors clearly bungled this case and let the Bundys get away with breaking the law," Suckling said. "The Bundys rallied a militia to mount an armed insurrection against the government. The failure of this case will only embolden this violent and racist anti-government movement that wants to take over our public lands."

[pcosmar]

Far from over...

Also, the lefts autistic screeching....

It may be just screeching..
But looking for the spin different folks took,, I did find WeeK News,,, and that was fun

I think the reverberations from this will echo. and getting on top of spin could push the pendulum..
or maybe it has made me a little bit optimistic.

[dude58677]

Far from over...





https://lasvegassun.com/news/2018/jan/08/us-judge-in-las-vegas-may-dismiss-ranching-standof/

Also, the lefts autistic screeching....

Fake news because the appeal would be double jeapordy. The case was dismissed with prejudice.

[phill4paul]

Fake news because the appeal would be double jeapordy. The case was dismissed with prejudice.

That's not what was quoted. It stated.


Nevada's newly appointed acting U.S. attorney, Dayle Elieson, released a one-sentence statement saying she will make a determination about whether to challenge the ruling before the 9th U.S. Circuit Court of Appeals.

She would not retry unless successfully appealing the ruling. If she successfully challenged the ruling, then they could retry. In which case it wouldn't be double jeopardy because a higher court ruled Navarros ruling null and void. Game reset. At least that is how I read it.

A highly unlikely scenario but an option for the desperate non the less.

[pcosmar]

A highly unlikely scenario but an option for the desperate non the less.

Especially unlikely. considering ALL the information available to the defense.. It would be the equivalent of the government putting the government on trial.

Not likely,, this is a can of worms,, and they will try to bury it,,, not open it.

[Schifference]

https://www.youtube.com/watch?v=vHX9VBPLwTk

[phill4paul]

The more I search around on the web for legal guidance the more I think dude58677 is correct. I don't see how they can be re-tried without it being double jeopardy.

Also, I tend to agree with pcosmar in that the government will just try to let this one go as quietly as possible.

There is going to be a huge payout for this though it will take years. All of these men were denied bail and spent two years in prison, subjected to strip searches and solitary confinement because the prosecution with held an FBI threat assessment that said they were not dangerous.

[donnay]

David Knight it covering this whole thing IRT:

https://www.youtube.com/watch?v=PsRnrZrnqso

[pcosmar]

Cliven will be at the Local Sheriff Office at 1:00 today. (Changed until tomorrow the 10th)

I'm Looking for streams.


**Did the BLM send a militarized force upon the American People?** **NEVER BEFORE SEEN VIDEO**

Today at 1pm Cliven Bundy will hold a press conference in front of the Clark County Sheriff building in Las Vegas Nevada asking; Why did the Sheriff and the Governor not protect the people?

Here is a video to view and ponder upon the seriousness of what we the people are facing when our local government do not stand up for us and say NO!

400 S Martin Luther king Blvd . -PLEASE SHARE AND SPREAD THE WORD-

https://www.facebook.com/bundyranch/?ref=nf&hc_ref=ARSwQ2OtyG9jksTMPt6slq7bSQ3A6OvT_bvrxgsc28f ufCSXn9tjAaINOZ0gYeaZWws

[pcosmar]

(Changed until tomorrow the 10th)

Just noticed the updated change..

[Valli6]

Of less importance but interesting:


…Kieran Suckling, an official with the Center for Biological Diversity, which fought for decades to protect endangered desert tortoises on rangeland where Bundy cows graze…

I know nobody here was fooled by the “endangered desert tortoise” story, but I heard something kind of interesting which really calls the whole claim into question.

On some talk or news show, I saw this zoo guy who brought out a big desert tortoise to show. He was about to feed it when he said - “If you want to be best friends with a tortoise, feed him some melon!”

Once I found out that the Bundys had used part of their land as a melon farm, I realized - any tortoises hanging around weren’t there for the natural habitat - they were there for the melon supply!

If you google tortoise and melon, you get a bunch of hits, mostly from pet owners talking about feeding melon to their tortoises… and they love eating the vines as much as the melons. So Bundy’s land use was never harming tortoises, it was attracting them!

Maybe the Bundys knew this all along, but I doubt it would ever have occurred to most of us.

[pcosmar]

Maybe the Bundys knew this all along, but I doubt it would ever have occurred to most of us.

There is video of Carol Bundy explaining some..

But they coexist well together..
It was actually the BLM that destroyed over 400 at a research site,, while they were on a slaughtering spree.

http://www.kingsnake.com/blog/archives/1561-BLM-to-kill-hundreds-of-desert-tortoises-as-its-conservation-center-runs-out-of-money.html

[pcosmar]

https://scontent-sea1-1.xx.fbcdn.net/v/t1.0-9/26229861_1567563353320467_6335589740399526846_n.jp g?oh=7eff694efaf25f35985a790438038471&oe=5AB2829A

[Anti Federalist]

Kieran Suckling, an official with the Center for Biological Diversity

https://encrypted-tbn0.gstatic.com/images?q=tbn:ANd9GcSF5s26g3bB3HDAotA59DdF--k_5_gH6cjj59ht3b2Gxt2E2_EB2w

https://pbs.twimg.com/media/C6XrcT7VMAA-rTC.jpg

[dude58677]

I can only imagine the amount of evidence withheld in the Irwin Schiff cases.

[pcosmar]

https://www.youtube.com/watch?v=UimbVikv3X8

[Swordsmyth]

Kieran Suckling, an official with the Center for Biological Diversity

https://encrypted-tbn0.gstatic.com/images?q=tbn:ANd9GcSF5s26g3bB3HDAotA59DdF--k_5_gH6cjj59ht3b2Gxt2E2_EB2w

https://pbs.twimg.com/media/C6XrcT7VMAA-rTC.jpg

Kieran Suckling

https://images.duckduckgo.com/iu/?u=http%3A%2F%2Fwickedfood.co.za%2Fwp-content%2Fuploads%2F2014%2F11%2Fsuckl-p.jpg&f=1

[AZJoe]

Some Updates from Roger Roots (https://www.lewrockwell.com/2018/01/roger-roots/nevada-bundy-prosecution-collapses-the-federal-government-spent-a-quarter-billion-dollars-but-couldnt-convict-the-bundys-of-a-single-crime/):

In 2013 the federal Bureau of Land Management (BLM) obtained federal court orders authorizing the agency to “seize and remove to impound” hundreds of Cliven Bundy’s cattle … and descended on the area in April 2014 with some 200 body-armor-wearing agents, semiautomatic weapons, sniper teams, undercover informants, and surveillance cameras aimed at the Bundy residence. …

They brought backhoes, dumptrucks and earth-moving equipment to tear up water lines and other infrastructure … Defying county officials, the federal officers chose calving season—the very time when cows and newborn calves are most physically weak and vulnerable—to execute the court orders. They orchestrated a paramilitarized roundup operation using helicopters to terrify the cattle into stampeding to the point of exhaustion in extreme heat. At least 40 cows either died from the ordeal or were shot by BLM employees and contractors.

The Feds even used the impoundment order to establish “First Amendment Zones” limiting freedom of speech in a 600,000-acre area to two small isolated parcels in the desert. …

When Bundy’s son Dave stopped on a state highway to photograph BLM snipers on local hillsides, BLM agents threw him down, ground his face into asphalt and falsely arrested him. …

In response, hundreds of citizens journeyed from all over the country to protest the BLM operation. … As a direct result of the national outcry, the BLM halted their cattle impoundment. …

Federal prosecutors spent tens of millions to build an elaborate criminal case designed to imprison Bundy and his sons and supporters for life. For two years, more than a thousand FBI agents combed through Facebook comments, posed as supporters or journalists, or surfed the internet to concoct a case against the Bundys. …

Meanwhile Bundy’s sons Ammon and Ryan became active in protests … in eastern Oregon. … Again the FBI spent millions in a show of force against the “domestic terrorists.” The entire town of Burns, Oregon … was fortified with razor wire, chain-link fences and concrete barriers. Military hardware rolled through the streets and buzzed overhead. Undercover informants dressed as rednecks in pickups harassed the populace. At a January 26, 2016 roadblock ambush, FBI and Oregon State Police opened fire on Ryan Bundy and shot 54-year-old LaVoy Finicum in the back as he stood surrounded in a roadside snowbank. …

In their zeal to destroy the Bundy “movement,” teams of federal prosecutors launched the most elaborate federal criminal cases in American history. [Defendants] were flown back-and-forth between Oregon and Nevada to face hearings in two, simultaneous criminal cases. Jurors in both jurisdictions were bussed from secret locations every day. … two helicopters followed overhead while defendants were transported … In all, the federal government has likely spent a quarter of a billion dollars reacting to, imprisoning, and prosecuting the Bundys and their fellow protesters.

In October 2016, jurors in Portland acquitted the Oregon defendants in the “trial of the century.” U.S. marshals tackled and tased Ammon Bundy’s attorney in the courtroom. Ammon and Ryan Bundy were denied release and transported to a Nevada prison to face the Nevada indictment …

Then came one of the most disgraceful “trials” in U.S. history. … the judge … barred the defendants from even mentioning most of their possible defenses. (They couldn’t even say that the BLM was overbearing or heavily-armed, or even that there were government snipers above them.) Jurors were treated to a one-sided display of 2014 photos … BLM witnesses—either exaggerating or lying—cried in the courtroom while claiming they saw the defendants pointing rifles at them. Not a single photo or video corroborates this—and there were hundreds of cameras recording almost everything at the time; there were even Nevada trooper dashcams capturing 80 percent of the movements of the defendants during the period. The judge even ordered Eric Parker off the witness stand for saying he looked “up and to the right” during the 2014 “standoff.” Prosecutors strenuously objected that such a statement might tell jurors that there were BLM snipers on a mesa above …

Defense lawyers were so stifled by the judge’s orders that they opted not to even make closing arguments—a gutsy move almost without precedent. It was like a cry for help to the jury. … On August 22, 2017, the jury fully acquitted Stewart and Lovelien, and acquitted Parker and Drexler of most counts. (They hung on a small number of charges for the two men.)

The not-guilty verdicts sent shockwaves throughout the Judiciary and the Justice Department. Here, in the biggest case in the country, with the prosecution spending untold millions of dollars and the judge imposing rules of evidence which almost choked the defense from speaking, the Justice Department was unable to get convictions.

When the “big trial” (involving Cliven, Ryan, Ammon, and Ryan Payne) began in October 2017, defense attorneys demanded to see evidence that had been withheld by the prosecution. There were pictures (but no explanations) of immense piles of shredded documents left by the BLM at the scene … surveillance cameras pointed at the Bundy house in 2014 yet Bundy had never been provided with the footage.

Prosecutors insisted they possessed no such evidence. Even if there was a surveillance camera here or there it hadn’t recorded anything … Ultimately it was revealed that there had been an elaborate FBI surveillance operation which had been concealed from the defense. And it seemed that prosecutors had been coaching witnesses to change their reports …

he very judge who had given prosecutors everything they wished for in the previous two trials—was visibly weary of the DOJ’s barbarous tactics. A mistrial was declared … the Judge granted Ryan Payne’s motion to dismiss. … The judge said further that she was unaware of a more egregious case of FBI misconduct. …

there are currently a half-dozen additional pending motions to dismiss, citing even graver prosecutorial misconduct. It has recently come to light that lead prosecutor Steven Myhre was approached during the first Nevada trial by a government case investigator who informed the prosecutor that he was breaking the law by withholding evidence from the defense. Myhre’s response … was to fire the agent …