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.
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.
In what seems a sudden and surprising reversal of her prior denial of release for the Bundys and Ryan Payne as their trial proceeds in Nevada, Judge Gloria Navarro has granted release from prison for Cliven and Ammon Bundy, and Ryan Payne. She had previously reversed her decision to deny Ryan Bundy release, allowing him to move to a halfway house on November 13, 2017.
This decision to release the defendants came after a sealed hearing, details of which are still not publicly available.
Ammon Bundy walked out of the courthouse early Thursday with his family to be greeted by a crowd of supporters and the press.
Cliven Bundy has refused the conditions of release, opting to remain in prison. His attorney, Brett Whipple, stated, “to be released, he would have to agree to conditions. In his opinion, he’s not willing to take a deal with the government when he hasn’t done anything wrong to begin with…. He’s very principled and he doesn’t want to violate those principals and I respect that.”
Ryan Payne was also granted release, pending approval from Judge Anna Brown in Oregon federal court. Payne still faces sentencing in Oregon for his role in the 2016 Malheur Wildlife refuge occupation. A hearing is scheduled for 3:00pm today (Friday) in the Portland federal courthouse.
The trial in Nevada is expected to resume December 11, 2017.
Update, 12/2/2017: Ryan Payne was released Friday, 12/1/2017. It looks as though there will be a release hearing for Dave and Mel Bundy, Joseph O’Shaughnessy, and Jason Woods on Monday. Here are the conditions for release.