Federal prosecutors to appeal dismissal of charges in Nevada Bundy case

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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.

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Prosecutors have filed a motion requesting judge to reconsider decision to dismiss with prejudice the charges in Bundy case

Katie Aguilera

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.”

The case against the Bundys and Ryan Payne ended in a mistrial December 20, 2017, and Judge Gloria Navarro dismissed the case with prejudice on January 8, 2018.

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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BLM ordered to deliver a report on the dismissal of the Bundy case

Congressional hearings may follow

Katie Aguilera

Utah Representative Rob Bishop (R) has ordered Brian Steed, the acting chairman of the Bureau of Land Management (BLM) to deliver a report on the handling of the Bundy case.  Judge Gloria Navarro declared a mistrial in the federal case against Cliven, Ryan, and Ammon Bundy, and Ryan Payne, on December 21, 2017.  She ruled it a mistrial with prejudice January 8, 2018, dropping the charges against the men.

The Las Vegas Review Journal reports that a congressional hearing is expected to follow the BLM’s report, which Bishop ordered to be delivered by January 24.

“The failures in the Bundy case and previous cases display serious misconduct by the BLM law enforcement officials, and strongly suggest that there are systemic issues within BLM’s law enforcement operations,” Bishop said.

Concerns have also grown that the mistrial will embolden people to act violently against federal authorities in future disputes.  Arizona Representative Raul Grijalva (D) has ordered a Government Accountability Office study, which is currently ongoing, “on the scale of recent threats and attacks against BLM officials and property,” according to the Las Vegas review article.  “’You’ve emboldened people like Bundy and the way they think—that it’s OK to threaten federal marshals with weapons, to occupy an area, armed, and talk about violence and foment that,’ Grijalva said.”

The Bundys argued that the April 12, 2014 armed standoff between the family and their supporters, and the BLM law enforcement, was the result of the aggressive posture taken by the BLM during the operation to round up Cliven Bundy’s trespassing cattle.  The information the prosecution was accused of withholding from the defense in the case confirmed some of the Bundys’ claims regarding the BLM’s actions.

Currently, a bill has been introduced to the House committee on natural resources that would require the Department of the Interior to “terminate the Bureau of Land Management Office [and U.S. Forest Service] of Law Enforcement and cease using Interior employees to perform law enforcement functions on federal lands.” The bill still awaits action by the committee.

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Judge dismisses case with prejudice in Las Vegas

Judge Gloria Navarro dismissed the case against Cliven, Ryan, and Ammon Bundy and Ryan Payne with prejudice this morning.  The judge cited the Brady violations by the prosecution that led to the trial ending in a mistrial in December as one reason for the dismissal.  This means the defendants cannot be retried for the charges they were indicted for.