On February 7, 2018, federal prosecutors filed a motion requesting that the Court reconsider its orders to dismiss with prejudice the superseding indictment against Cliven, Ryan, and Ammon Bundy, and Ryan Payne.
According to the 29-page motion, “the Court erred when it dismissed the indictment with prejudice on the ground that the Government failed to disclose information that could be used only to support non-cognizable and unsupportable defenses, or arguably rebut three alleged overt acts.” Additionally, it argues, “to the extent the Court’s dismissal with prejudice is predicated on the materiality of the late-disclosed evidence to defendant’s theories of ‘self-defense, provocation, and intimidation,’ it is in error. Because these theories are not cognizable on the undisputed facts, they cannot form the basis of a Brady violation.”
The prosecution suggests that rather than dismissing all charges, dismissing the counts related to the Court’s interpretation of Brady violations would be a less drastic remedy. They argue that the dismissal with prejudice “has major ramifications for all public lands law enforcement officers,” and would “encourage the defendants, their supporters, and the public to disrespect the law and the lawful orders of the courts.”
In a separate filing, the prosecution asked to dismiss with prejudice all counts in the superseding indictment against the four remaining defendants facing trial for the April, 2014 Nevada standoff. Those four are Dave and Mel Bundy, Joseph O’Shaughnessy, and Jason Woods.
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