According to court documents filed yesterday in the US Court of Appeals for the ninth circuit, federal prosecutors have been authorized to appeal the dismissal of charges in the Nevada Bundy case. The charges against Cliven, Ryan and Ammon Bundy and Ryan Payne were dismissed with prejudice by Judge Gloria Navarro on January 8, 2018 due to Brady violations by the prosecutors.
The document filed yesterday is a request by the prosecution for a 14-day delay in filing its opening brief for an appeal. The document states “undersigned counsel advises the Court and the defendants that the review process is complete and the Solicitor General has authorized the government’s appeal.”
Prosecutors filed a motion requesting the Court reconsider its orders to dismiss the charges on February 8, 2018. The district court denied that motion on July 3, 2018 and the US Attorney’s office reported that decision to the appellate section of the Department of Justice’s criminal division. The US Solicitor General then began the process of deciding whether to appeal the decision, according to court documents.
Cliven Bundy’s lawyer, Larry Klayman, has filed motions opposing the extension of time. He writes, “…any continuing appeal would have no factual or legal bases to succeed and thus be wholly frivolous and is intended only to continue to harass, vindictively inflict more severe emotional distress upon and financially ruin…” Cliven Bundy and his co-defendants.
The prosecution states in its request for delay that it will file its opening brief on or before February 6, 2019.