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Federal Judge throws out the case against Cliven Bundy

January 8, 2018

  The FBI–which Donald Trump has said is in tatters–has not had a good month or so with its political bias coming to the forefront in the Russian investigation and today the agency suffered another blow when a Federal Judge threw out the case against Cliven Bundy and his family, citing “flagrant misconduct” by the FBI.

  For those of you who may not be familiar with this case: the Bundy’s had been in a 20 year land dispute with the Federal Government and in 2014 the government surrounded his farm and a standoff ensued when militia members show up to defend Cliven Bundy. The Federal Government eventually backed down and returned the cattle they had been rounding up. In 2016 Cliven Bundy and two of his sons were arrested and  LaVoy Finicum was killed after occupying a Federal wildlife refuge. (And by the way Harry Reid’s son Rory’s fingerprints are all over this.)

  Cliven Bundy and his sons have been in jail since 2016 but today they are free because of this ruling by a Federal Judge, here is more:

A federal judge Monday threw out criminal charges against Nevada cattleman Cliven Bundy, his two sons and a co-defendant in the 2014 Bunkerville standoff, citing “flagrant misconduct” by prosecutors and the FBI in not disclosing evidence to the defense before and during trial.

“The government’s conduct in this case was indeed outrageous,” U.S. District Judge Gloria M. Navarro ruled. “There has been flagrant misconduct, substantial prejudice and no lesser remedy is sufficient.”

The dismissal with prejudice, meaning a new trial can’t be pursued, marked an embarrassing nadir for the federal government, which now has failed to convict the Bundys in two major federal cases stemming from separate armed standoffs.

The judge found prosecutors engaged in a “deliberate attempt to mislead” and made several misrepresentations to both the defense and the court about evidence relating to a surveillance camera and snipers outside the Bundy ranch in early April 2014, as well as threat assessments made in the case.

“The court is troubled by the prosecution’s failure to look beyond the FBI file,” Navarro said.

She said she “seriously questions” that the FBI “inexplicably placed” but “perhaps hid” a tactical operations log that referred to the presence of snipers outside the Bundy residence on a “thumb drive inside a vehicle for three years,” when the government has had four years to prepare the case.

“The court has found that a universal sense of justice has been violated,” Navarro said.

The judge found it especially egregious that the prosecutors chose not to share documents that the defendants specially asked for in pretrial motions, and “grossly shocking”  that the prosecutors claimed they weren’t aware the material would assist the defendants in their defense.

“The government was well aware of theories of self defense, provocation and intimidation,” Navarro said. “Here the prosecution has minimized the extent of prosecutorial misconduct.”

Here is what Cliven Bundy had to say:

“I’ve been a political prisoner for right at 700 days today,” Cliven Bundy said, his arm around his wife, Carol Bundy. “I come in this courtroom an innocent man and I’m going to leave as an innocent man. My defense is a 15-second defense. I raised my cattle only on Clark County, Nevada, land and I have no contract with the federal government. This court has no jurisdiction and authority over this matter. And I have put up with the court in America as a political prisoner for two years.”

  The Federal Government might have had a legitimate case here but they blew it because they were not honest and were overzealous and it cost them. It kind of reminds me of what is going on in the Russia collusion investigation…

malo periculosam libertatem quam quietum servitium

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8 Comments leave one →
  1. January 8, 2018 9:39 pm

    The US District Attorney for Nevada should be held accountable for reckless pursuit of the Bundys and his uter disregard for the law. The judge had previously declared a mistrial. The message was clear, but the US DA was prepared to refile the case. This was even before the DOJ could review the facts and make a recommendation.

    The judges ruling is based on the Brady requirement. Brady v. Maryland, 373 U.S. 83 was a landmark United States Supreme Court case that established that the prosecution must turn over all evidence that might exonerate the defendant to the defense.

    I think this bodes well for Flynn and Manafort.

    Liked by 1 person

    • January 9, 2018 6:26 am

      Thanks for the info! It is going to be interesting to see how the Russia probe prosecutions turn out.

      Like

      • January 9, 2018 10:24 am

        Watch this … The DOJ has an epidemic of not following the Brady rule.

        Liked by 1 person

      • January 9, 2018 8:13 pm

        Wow, that is unbelievable. Or rather it should be unbelievable but nothing surprises me any more. Thanks for sharing this.

        Like

  2. January 9, 2018 8:58 am

    We are on the same page today…… the DOJ is going to investigate the FBI and Bureau of Land Management handling of the case.. Maybe Sessions got the wake up call…

    Liked by 1 person

    • January 9, 2018 8:08 pm

      You did a great job covering this story when it was ongoing so I knew you would be on this. I have lost all hope on Sessions.

      Like

  3. Dr. Jeff permalink
    January 9, 2018 8:13 pm

    Everyone from the lowest coffee fetching field agents up to the Attorney General needs to be held accountable. The problem I see is that the DOJ will be in charge of investigating itself.

    I have close to zero confidence in the basic honesty of any branch of our government or any government employees.

    That is why so many people have developed a belief in the need for special prosecutors.

    Personally, I’d like to simply fire anyone who was hired during the Obama admin or promoted by anyone hired during the Obama admin. Those who received a promotion that didn’t come through the Obama people should be carefully reviewed pending discharge if there is any doubt about their allegiance to the Constitution or if there is any reason to question whether they kept their personal politics out of their workplace.

    That process, which I know will punish many innocents along with the guilty, should return most of our government offices to a state of reasonable integrity. Corruption, like cancer, must be aggressively treated.

    On the subject of trust, our government wants even more power to spy on civilians. It’s not enough that the NSA already filters all our internet traffic and telephone calls, now they want the absolute right to break any encryption available to civilians. Given the loose standards of the FISA court, no one is safe from government snooping.

    https://ca.news.yahoo.com/fbi-director-calls-unbreakable-encryption-urgent-public-safety-151252010.html

    Liked by 1 person

    • January 9, 2018 8:16 pm

      I agree with you 100%! At this point everybody hired by Obama needs to go, they cannot be trusted. Sure some innocents will be hurt but this is something that has to be done.

      Like

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