Rebuke of U.S. attorneys in Cliven Bundy case: ‘Every prosecutor’s nightmare’

The lead prosecutor in the Nevada standoff case against Cliven Bundy, two of his sons and a fourth alleged ringleader told a jury in his opening statement last month that the case centered on the need to respect the rule of law.

Five weeks later, it was the prosecution team’s abuse of the rule of law that sunk the case, leading to a judge’s declaration Wednesday of a mistrial.

U.S. District Judge Gloria M. Navarro methodically listed the prosecution’s six separate violations of the Brady law, which requires turning over evidence potentially favorable to the defense. The judge further ruled that each violation was willful.

If ever there was a time when federal prosecutors needed to make sure they acted with complete integrity it was in the high-stakes Bundy case, legal observers say. The defendants already held a deep suspicion of the government and had successfully rallied followers to their cause.

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

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.

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BLM investigator alleges misconduct by feds in Bundy ranch standoff

Prosecutors shared it last week with defense lawyers for Bundy, his two sons and co-defendant Ryan Payne as they were in the midst of their conspiracy trial, but it’s not part of the public court record.

The memo prompted Cliven Bundy’s lawyer to file a motion early Monday to dismiss the case, already in disarray over concerns raised previously about the government’s failure to promptly share evidence with the defense.

The judge sent the jury home for more than a week as she tries to sort out the claims and prosecutors scramble to save their case.

The memo comes from Larry Wooten, who had been the lead case agent and investigator for the U.S. Bureau of Land Management after the tense confrontation outside the patriarch’s ranch near Bunkerville. Wooten also testified before a federal grand jury that returned indictments against the Bundys. He said he was removed from the investigation last February after he complained to the U.S. Attorney’s Office in Nevada.

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Review-Journal asks judge to unseal Bundy docs, hearings

Two days after federal judge suggested the possibility of a mistrial in the Bunkerville standoff case, the Las Vegas Review-Journal and a group of Nevada newspapers asked to unseal trial documents discussed behind closed courtroom doors.

‘There is insufficient basis to maintain certain motions and transcripts under seal in this case and to continue to close hearings to the public,” the motion filed Wednesday evening states. “Sealing documents and closing hearings is inimical to this Country’s and this Court’s long tradition of open trials, guaranteed by both the First Amendment and common law — a right of access that is always important, but particularly critical in this case.”

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Judge releases 4 more Bunkerville standoff defendants

Last week, Cliven Bundy’s lawyer, Bret Whipple, said his client turned down U.S. District Judge Gloria Navarro’s conditions of release because he believed he was innocent and would not accept restrictions on his freedom. He also said Cliven Bundy did not want others jailed in connection with the standoff.

Now that two more of his sons who were charged in the Bunkerville case have been let out of jail, and none of the standoff defendants awaiting trial remains behind bars, Whipple plans to discuss with his client the possibility of being with family for the holidays.

“I’m going to encourage him to allow me to help him,” Whipple said. “But at the end of the day, Cliven is a very principled man, and he follows his own principles, and I respect that.”

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Interior secretary recommends shrinking Gold Butte

Interior Department Secretary Ryan Zinke on Tuesday recommended shrinking the boundaries of Gold Butte National Monument in a move that distressed conservationists, who have fought for years to protect the land near Mesquite. Zinke’s report came one day after the president slashed the size of two national monuments in Utah, a move that has already sparked a lawsuit.
Compared to the wholesale changes the president approved in Utah, any adjustments to Gold Butte are expected to be minor. But Zinke’s recommendations, although similar to a leaked draft in September, carry a symbolic weight for the area. They signal a major reversal of public lands policy that comes almost exactly one year after President Obama designated the nearly 300,000 acres that start about 10 miles from the site of the 2014 Bundy standoff.

“We will fight it in court,” Patrick Donnelly, Nevada state director at the Center for Biological Diversity wrote in an email. “And we will win.”

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Southern Nevada District Resource Management Plan/Environmental Impact Statement is being revived for the first time since 2014.

LAS VEGAS – The Bureau of Land Management requests public input for a Revised Draft Southern Nevada District Resource Management Plan/Environmental Impact Statement. 

The BLM has determined that a Revised Draft RMP/EIS should be developed and an opportunity for public input is needed to gather additional information on the areas of renewable energy, Areas of Critical Environmental Concern, lands with wilderness characteristics, land tenure adjustments (land disposals), Gold Butte National Monument, and socio-economics. 

Opportunity to provide input is offered from now until February 2, 2018. During this period, the BLM will conduct public meetings to present information and provide for the opportunity for public input. The Revised Draft RMP/EIS will incorporate substantive comments received from the initial Draft RMP/EIS and information received from the public input period and meetings. 

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Former inmate shares life behind bars with Cliven Bundy

“Tell me about this standoff.”

And with that, Nevada rancher Cliven Bundy found a biographer behind bars.

Bundy had invited a fellow inmate to sit down at a table with him. They chatted about farming, raising cattle, growing melons and grandchildren.

Soon, they were walking regular laps together around the inside of a large unit that housed 94 bunk beds between concrete cinderblock walls about 60 miles west of Las Vegas.

And when the time seemed right, inmate Michael Stickler broached the subject of why the Bundy patriarch was in custody at the Southern Nevada Detention Center in Pahrump.

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Trial of the Century – Summarizing the Week

     Cliven Bundy, sons Ammon Bundy, and Ryan Bundy, and co-defendant Ryan Payne are accused of conspiring to block federal agents from enforcing court orders when the BLM tried to confiscate Cliven Bundy’s cattle.  The cattle were on public land where the ranch had grazing and water rights since the late 1800’s. The government’s actions resulted in the deaths of approximately 100 head of cattle and the destruction of the Bundy’s livestock watering system built throughout the last century. 

     The four defendants have been incarcerated since January of 2016.   They were each charged with 10 felonies.  Each man could be sentenced to more than a hundred years in prison for their involvement while resisting the confiscation.  The men are brought to court in shackles and each man has had a significant weight loss since their incarceration.  All their motions for pretrial releases have been denied.

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Judge denies release for Cliven Bundy amid courtroom outburst

LAS VEGAS — A judge declined Thursday to release Nevada cattleman Cliven Bundy days before trial, concerned he still doesn’t recognize federal authority and has a large incentive to flee with at least 80 years in prison hanging over his head if convicted of four of his 16 charges.

U.S. District Judge Gloria M. Navarro also rejected release requests by Ryan Bundy and Ryan Payne and said she would make a decision later on Ammon Bundy.

Bret O. Whipple, the attorney representing the elder Bundy on charges in the 2014 standoff near Bunkerville, urged consideration for the patriarch’s age, his failing health and the reduced weight of evidence against him after unsuccessful conspiracy prosecutions against others in the case.

“He refers to himself as an old cow,” Whipple said, noting that the 71-year-old Bundy arrived in custody with 20 teeth and now has 10 to 15 teeth left because infections are treated by pulling teeth in jail and not with dental care.

“It’s been hard on him and his health has really deteriorated,” Whipple said.

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Thomas Mitchell: Head spinning developments in the so-far ‘non-trial’ of Bunkerville defendants

Caution: Following the Bunkerville standoff trial proceedings can cause whiplash.

Today the federal judge again delayed the start of the trial for Cliven Bundy, his sons Ammon and Ryan, and self-styled militia member Ryan Payne. This time for a week. She agreed to hold hearings after Cliven Bundy’s attorney asked the charges be dropped because the prosecution had failed to reveal any recordings or notes taken off live surveillance video of the Bundy ranch during the April 2014 standoff. Ryan Bundy raised the question as to whether there was surveillance video several weeks ago.

“If it has potentially useful information, then the defense is entitled to it,” the judge is quoted by Reuters as saying. “I‘m not convinced that it doesn’t exist.”

The federal agents reportedly shredded documents after the standoff ended.

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Judicial tyrants strike blow against Cliven Bundy

In the years, months and days before the signing of the Declaration of Independence in my native city of Philadelphia, on July 4, 1776, King George III, having issued one unjust if not illegal edict after another, having unfairly prosecuted a number of key American colonialists, having severely taxed the people and having attempted to seize the firearms of citizenry so they could not rise up and challenge his will, invidiously took the criminal justice system back to the Court of King James, depriving the colonies of their own justice system. These were among the primary reasons our Founding Father’s and their colonies broke from the Crown, waged war to reassert their hoped for freedoms and conceived of and created a new nation.

Thomas Jefferson, perhaps our greatest Founding Father and president, predicted at the time that Americans would periodically have to renew their freedoms and wage periodic revolutions, even spilling blood if necessary. He and his colleagues knew that the tendency of mankind is to fall back to the despotic and corrupt ways of the British monarchy, and thus there needed to be constant vigilance and sacrifice in the future to preserve their God-inspired vision.

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Thomas Mitchell: A jury of their peers? Hardly

A federal jury is set to begin hearing opening statements Tuesday in the trial of four defendants in the Bunkerville standoff.

There are six women and six men on the jury and there are four alternates, three men, and a woman.

The judge said the trial is expected to take four months. A number of potential jurors were dismissed because they could not take four months out of their lives to devote to the trial. How many people can or are willing to? Is it a jury of their peers?

On trial is rancher Cliven Bundy, 71, sons Ammon Bundy, 42, and Ryan Bundy, 45, and a self-styled militia member Ryan Payne, 34, who showed up to protest the confiscation of Bundy’s cattle by the BLM. They are charged with conspiracy, extortion and various firearm charges. They have all been jailed for going on two years.

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Las Vegas trial to begin for rancher Cliven Bundy and sons

Cliven Bundy, lead defendant in a case stemming from a 2014 standoff with federal agents and the 71-year-old patriarch of a family with roots in the southeastern Nevada desert since the state was founded more than 150 years ago, won’t let his lawyer buy him a suit for trial.

Instead of the standard slacks, button-down shirt and tie that incarcerated male defendants often don while facing a jury, the recalcitrant rancher plans to wear a jail-issued blue jumpsuit and orange flip-flops when he faces potential jurors for the first time on Monday morning.

“He is so principled that he’s going to do what he’s going to do, which is tell the truth and tell it as he sees it, and he’s not worried about the consequences, other than the people around him,” his lawyer, Bret Whipple, told the Las Vegas Review-Journal last week. “He refuses to put on civilian clothing because it would be misleading the jury, because he is who he is.”

Bundy, his two sons Ryan and Ammon and independent militia leader Ryan Payne have been locked up without bail in a federal holding facility for nearly two years. They face the potential of decades behind bars if convicted of conspiracy and other charges related to the armed standoff.

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Larry Klayman: FBI-police cover-up of mass shooting?

I have seen it many times before. An FBI or law-enforcement informant, or some other “politically sensitive person,” commits a crime, and federal, state or local government authorities cover it up. This is the likely scenario in the wake of the Oct. 1, 2017, massacre in Las Vegas, perpetrated by an alleged mysterious man named Stephen Paddock. Let me give you just a few analogous examples.

First there is the famous case of Whitey Bulger, an Italian Mafia crime boss who was responsible for the deaths of many. Here briefly is how his Wikipedia describes his history as an FBI informant:

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They Are Being Scrutinized In An Unprecedented Way By The Citizens Of The Country.

We previously reported on a motion filed by Ryan Bundy to have Judge Gloria Navarro recused from the Bunkerville Standoff case.

This motion is based on the premise that public perception is heavily against Navarro. It goes to the general consensus throughout the country that activist Judge Navarro is using her authority to further her agenda by blatantly ruling in favor of the prosecution and against the defense.

The motion was based on dozens of articles from both alternative media and Main Stream media. Sites including Redoubt News, as well as the Las Vegas Review Journal and the New York Times, are reporting that the story has now become about Judge Navarro and her obvious bias, instead of what actually happened on April 12, 2014.

This is a powerful motion. This argument does not address whether or not Navarro is actually biased, it only references the public perception of her bias. This goes to the growing lack of trust the citizens in the country have against the federal judicial system and, by extension, the Federal government.

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Private gun sales: Nevada governor wants guidance on background-check law

Nevada Gov. Brian Sandoval is seeking legal guidance into whether the state can implement the stalled background-check law for private gun sales and transfers that voters approved in 2016.

Sandoval spokeswoman Mari St. Martin said Tuesday the governor’s office is asking Attorney General Adam Laxalt’s office if Nevada can operate as a “dual point of contact state.”

That means two systems of background checks for firearm purchases: one for licensed dealers and another for private sales and transfers. No evidence has emerged that background checks for private sales would have stopped Stephen Paddock, who didn’t have a criminal record and purchased firearms in retail gun stores after passing background checks.

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Post-Las Vegas Shooting Proposed Jury Questions

With the recent events in Las Vegas on 10-1-2017 and the trial postponed the defendants in the Bundy Trials were offered an opportunity to submit additional questions for a follow-up jury questioner. Below are the questions submitted so far.

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Cliven Bundy: Feds don’t own Western states

Larry Klayman shares news in battle over land seized illegally by U.S. government. Events important for preserving America’s Constitution will be soon unfolding. Nevada rancher Cliven D. Bundy’s federal trial will finally begin in Las Vegas, Nevada, for a 2014 peaceful protest in support of the Constitution some incorrectly called “The Battle of Bunkerville.”

In fact, there was no battle from the standpoint of the peaceful protesters. Rather, it was the federal government – then run by former President Barack Obama – that threatened the Bundy family’s lives, beat the heck out of the sister of Cliven Bundy, Tasered his two sons, violently kicked the family dog and killed many of their cattle, burying them in a mass secret grave.

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Trial in Bundy Standoff Postponed Due to Las Vegas Shooting

LAS VEGAS (AP) — A federal judge has agreed to postpone the trial of Nevada cattleman Cliven Bundy and others in a 2014 armed standoff because of the Las Vegas mass shooting.

Defense attorneys argued that the attack would cast a shadow over the trial, which was set to start Tuesday in Las Vegas. On Friday, the judge rescheduled it for Oct. 30.

Bundy, two sons and others are accused of conspiring to enlist a self-styled militia to prevent U.S. Bureau of Land Management agents and civilian employees from removing Bundy’s cattle from federal land in Nevada.

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Defendant In Nevada Standoff Case Pleads Guilty To Conspiracy To Impede Or Injure A Federal Officer

Defendant In Nevada Standoff Case Pleads Guilty To Conspiracy To Impede Or Injure A Federal Officer

LAS VEGAS, Nev. – A defendant charged in the case involving the armed standoff in Bunkerville, Nev. pleaded guilty today in federal court, announced Acting U.S. Attorney Steven W. Myhre for the District of Nevada, Special Agent in Charge Aaron C. Rouse for the FBI’s Las Vegas Division, and Acting Director Michael D. Nedd for the U.S. Bureau of Land Management (BLM).

Peter T. Santilli Jr, 52, of Cincinnati, Ohio, pleaded guilty to conspiracy to impede or injure a federal officer. United States District Chief Judge Gloria M. Navarro accepted the guilty plea. Sentencing is set for Jan. 11, 2018. At the time of sentencing, Santilli faces up to six years in prison and a $250,000 fine.

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Defendant in Bundy ranch standoff, weapons case argues Las Vegas massacre would bias jury

An unusual ripple effect of the mass shooting that left 58 people dead and hundreds wounded along the Las Vegas Strip on Sunday is that it could have implications for a high-profile federal trial that is set to begin here next week — a case that also involves weapons.

A Montana militiaman who is accused of weapons charges and conspiring against the U.S. government asked a federal judge this week to delay his trial by 60 days because of the Las Vegas shooting. The charges against Ryan Payne stem from the 2014 Bundy ranch standoff in Bunkerville, Nev., and the trial is slated to start with jury selection Oct. 12.

On Thursday, Payne’s attorneys filed an additional motion, seeking to move the trial out of Las Vegas and to a different venue nearly 450 miles away: the federal courthouse in Reno, Nev. They argued that it would be impossible to seat a fair jury in light of the gun-related massacre.

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Motion to Recuse Gloria Navarro

A motion has been filed in the Bunkerville Standoff case to have Judge Gloria Navarro recused. The motion was filed by Ryan Bundy on Oct. 4th.

The basis for the demand for recusal is the public perception of her bias towards the prosecution and against the defendants.

The 25 page filing with attachments cites dozens of news articles pointing to her obvious bias. Citing articles from Redoubt News, Infowars, Las Vegas Review-Journal, Freedom Outpost, as well as a multitude of additional articles, as well as video reports, the motion proves overwhelming bias on the part of the judge.

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Hypocritical Prosecutors In Bundy Ranch Trial Seek To Ignore Court’s Order

In a motion that was filed on Thursday by Chris T. Rasmussen, attorney for reporter Pete Santilli, there was an appeal to Judge Gloria Navarro to enforce the court’s order not to use anything from the Oregon case involving Santilli, in which all the charges against him were dropped.

“Fourteen days before trial, the Government has decided to ignore this Court’s Order (Dk: 1613),” wrote Rasmussen.

“Santilli filed a motion to compel disclosure of discovery from the case in Oregon,” Rasmussen continued.  “The government arrogantly announced in their response, ‘The Oregon case is not this case.’”

Rasmussen pointed to the court’s order which states, “Judge Navarro found that “the Oregon case is not relevant… especially given that the activity related to the Malheur occupation began well after the events at issue in this case.’”

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