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Bundy case defendant seeks identity of undercover FBI agent
12-20-16 : LAS VEGAS REVIEW-JOURNAL
Peter Santilli, a defendant in the Cliven Bundy standoff trial, asked a federal court Tuesday to order prosecutors to provide the identity of an undercover FBI agent.
The witness list prosecutors provided to the defense Monday gives only a pseudonym, āCharles Johnson,ā not the agentās true name. Santilliās attorney said the agentās identity is needed to prepare for cross-examination of the witness and any recorded information or logs the agent kept during the standoff are needed as well.
The federal governmentās witness list remains under seal.
Santilli is one of 17 defendants in the standoff case, which stems from a confrontation between federal agents and Nevada rancher Cliven Bundy and his supporters over the impoundment of his cows that were grazing on public lands.
The Bureau of Land Management had obtained a court order to impound the cattle over nonpayment of grazing fees. No shots were fired at the standoff, which attracted hundreds of people.
Santilli maintains that he was at the Bundy ranch near Bunkerville, north of Las Vegas, as an āadvocacy journalistā who recorded and streamed online video.
āThe need to protect a law enforcement officerās identity this late in the pretrial phase is nonexistent,ā the motion filed by defense attorney Chris Rasmussen said. āThis is not a case in which the government can cross their fingers and hope the defendants are going to enter pleas and they can forever protect his identity.ā
The motion requests an expedited hearing on the matter.
āThe identity and whereabouts of the agent is essential to the preparation of Santilliās defense,ā the motion says. āSantilli requires the opportunity to test the agentās credibility, ascertain his general relationship to others charged herein, discover the entire scope of his meetings, conversations and contacts with the principals herein, and to investigate the agentās allegations.ā
Federal prosecutors havenāt yet responded to the motion.
āIāve never had a case where you kept the law enforcement officerās name secret,ā Rasmussen said.
The 17 defendants are currently slated to be tried in three separate trials, with the first one starting Feb. 6. The three tiers of defendants are grouped together based on their alleged level of involvement in the case.
Santilli is in the upper tier, which includes Cliven Bundy and his sons Ammon and Ryan Bundy. This group would be in the second trial, which would start 30 days after the first trial ends. However, Santilli has requested to be in the first trial and has argued that the prosecution of all defendants could be accomplished in two trials.
Both sides also have submitted lists of proposed questions for potential jurors.
Prosecutorsā proposed list tells potential jurors that they may hear testimony from a law enforcement officer who has acted as an undercover agent. The listed questions ask whether potential jurors have any personal feelings about the testimony of an undercover agent or about law enforcement use of video and audio recordings that would prevent them from fairly weighing the evidence.
Ammon and Ryan Bundy were acquitted in October by a Portland jury after being tried in connection with a 41-day armed takeover of a federal wildlife refuge in Oregon. They also are defendants in the Nevada case.
Santilli was indicted in the Oregon occupation, but federal prosecutors in September asked the judge to dismiss the case, citing the courtās ruling that excludes evidence, including statements Santilli made to counterprotesters and reporters.
Contact Ben Botkin atĀ bbotkin@reviewjournal.comĀ or 702-384-8710. FollowĀ @BenBotkin1Ā on Twitter.
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Deb Jordan , Pete Santilli's long time partner, had this to say onĀ Ā facebook today:
IMPORTANT - BUNDY RANCH STAR WITNESS IS FBI AGENT
Attorneys are quick to point out the AGENT'S NAME used in court documents is a pseudonym, so don't be fooled into thinking the AGENT is a man, however they suspect that it is.
The Prosecution says the AGENT does not live or work in the District of Nevada and works solely in a undercover capacity.
The person is a AGENT not an INFORMANT.
The person in question WOULD NOT have a criminal history.This person would have probably been physically fit, possibly bragged about a Military or Law Enforcement background, and gotten very close to the family and other protestors in order to gather information.
It is EXTREMELY possible this person is or was a member of a III%, MILITIA, OATHKEEPER, or BORDER PATROL ORGANIZATION.
This is a classic of Government over-reach and force. Not to allow the defendants full latitude in discovery of the truth would be a complete travesty.