Bundy trial declared a mistrial

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BYULAWGUY
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Bundy trial declared a mistrial

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http://www.sltrib.com/news/nation-world ... us-agents/

Las Vegas • A U.S. judge in Nevada declared a mistrial Wednesday in the case against a states’ rights figure, his two sons and another man accused of leading a 2014 armed standoff with federal agents during a cattle grazing dispute.

Chief U.S. District Judge Gloria Navarro in Las Vegas dismissed a jury seated last month for the long-awaited trial of Cliven Bundy, his sons Ryan and Ammon Bundy and self-styled Montana militia leader Ryan Payne.

It is the latest in a string of failed prosecutions in Nevada and Oregon against those who have opposed federal control of vast swaths of land in the American West.

Jurors in Portland, Oregon, acquitted the two Bundy sons of taking over a U.S. wildlife refuge in Oregon for more than a month in early 2016 amid calls for the U.S. government to turn over public land to local control.

In the Nevada case, Navarro faulted federal prosecutors for failing to turn over all evidence to defense attorneys, including records about the conduct of FBI and Bureau of Land Management agents during the standoff.

“The government is obligated to disclose all evidence that might be favorable” to the defense, the judge said.

The case stemmed from an armed confrontation that capped a decadeslong dispute over Cliven Bundy’s refusal to pay grazing fees. The 71-year-old rancher says his family has grazed cattle for more than a century in the area and insists public land belongs to states, not the U.S. government.

Government agents began rounding up his animals. The four on trial were accused of enlisting armed gunmen to force government agents to abandon the effort.

“A mistrial is a very bad result for the government,” said Ian Bartrum, a University of Nevada, Las Vegas, law professor who has followed the case closely.

Bartrum had cast the trial as a test of whether U.S. authorities could enforce their own land policy in Western states where the government owns or controls vast expanses.

“It looks even worse because it isn’t the sort of jury nullification we’ve seen before, but actual incompetence (or worse) by the prosecution,” Bartrum said in an email. “It certainly erodes a lot of confidence in the federal government’s motives.”

Acting U.S. Attorney Steven Myhre had no immediate answer about whether prosecutors would retry the case. If so, the Bundys and Payne still would face 15 felony charges including assault and threats against federal officers, firearms counts, obstruction and extortion.

Prosecutors also failed to win full convictions against others at the tense confrontation near Bunkerville, about 80 miles northeast of Las Vegas.

Six men who acknowledged carrying assault-style weapons faced a trial and a retrial. Two were acquitted, two were convicted of some charges and two are free after pleading guilty to misdemeanors to avoid a third trial. None was found guilty of a conspiracy charge.

In the case against the Bundys, the judge hinted last week that trouble was afoot. She sent the jury home to review sealed documents following closed-door hearings over complaints about the conduct of FBI and Bureau of Land Management agents during the standoff.

Jurors got a glimpse of the claims when Ryan Bundy, who represented himself, spoke at opening statements about seeing government snipers and surveillance cameras positioned on hilltops surrounding his family home in the days before armed supporters answered his family’s calls for help.

A whistleblower memo by a lead U.S. Bureau of Land Management investigator that was released last week alleges widespread bad judgment, bias and misconduct, as well as “likely policy, ethical and legal violations among senior and supervisory staff” in the days leading up to the standoff.

The memo said agents who planned and oversaw the cattle roundup mocked and displayed clear prejudice against the Bundys, their supporters and Mormons.

The investigator, Larry Wooten, said he was removed from the investigation last February after he complained to the U.S. attorney’s office in Nevada.

The judge freed the Bundy sons and Payne to house arrest during the trial after nearly two years in jail. Cliven Bundy refused the judge’s offer, with his lawyer saying the patriarch was holding out for acquittal.

lundbaek
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Re: Bundy trial declared a mistrial

Post by lundbaek »

I think the declaration of a mistrial is not an acquittal. So I'm concerned that the FedGov is not giving up yet.

JohnnyL
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Re: Bundy trial declared a mistrial

Post by JohnnyL »

Wow, I'm surprised things have gone so well for most involved... Cool to hear.

Buster47
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Re: Bundy trial declared a mistrial

Post by Buster47 »

After the Wooten bombshell, Navarro quickly realized that if the trial continued, the defendants would be found innocent. I suspect that Navarro is under a lot of pressure to not allow the case against Bundy to be fumbled resulting with acquittal. With several related trials resulting in innocent verdicts, the BLM does not want to lose this one. Hopefully AG Sessions will take an in-depth look at the evidence and the whistle blower's memo and throw the case out.

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tmac
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Re: Bundy trial declared a mistrial

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Amazingly little interest in what seems to me to be such an important issue -- particularly as it relates to fundamental liberty and Mormons.

After first declaring a mistrial, Judge Navarro ended up dismissing the whole thing with prejudice, based on what even she described as flagrant prosecutorial misconduct.

Really surprised that there is so little interest here in such important developments. Based on my experience and observations, I would venture to say that on the whole things have evolved to the point that probably not more than about 1% of all Mormons really give a tinker's damn about true liberty any more. Truly sad.

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David13
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Re: Bundy trial declared a mistrial

Post by David13 »

tmac wrote: January 21st, 2018, 12:04 pm Amazingly little interest in what seems to me to be such an important issue -- particularly as it relates to fundamental liberty and Mormons.

After first declaring a mistrial, Judge Navarro ended up dismissing the whole thing with prejudice, based on what even she described as flagrant prosecutorial misconduct.

Really surprised that there is so little interest here in such important developments. Based on my experience and observations, I would venture to say that on the whole things have evolved to the point that probably not more than about 1% of all Mormons really give a tinker's damn about true liberty any more. Truly sad.
Yes, it is sad. But I think it's only to be expected.
People like to jump into whatever popular trend comes along and Mormons tend to be no exception, to any great extent. A whole lot of them seem to like to be "up to date, all modern, hip, cool" or whatever of the latest trend or bandwagon that comes along.
Look at the "womens march" going on yesterday.
"Oh, everybody's going" ... so they all think they have to go to, without knowing anything about what they are "protesting".
dc

simpleton
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Re: Bundy trial declared a mistrial

Post by simpleton »

tmac wrote: January 21st, 2018, 12:04 pm Amazingly little interest in what seems to me to be such an important issue -- particularly as it relates to fundamental liberty and Mormons.

After first declaring a mistrial, Judge Navarro ended up dismissing the whole thing with prejudice, based on what even she described as flagrant prosecutorial misconduct.

Really surprised that there is so little interest here in such important developments. Based on my experience and observations, I would venture to say that on the whole things have evolved to the point that probably not more than about 1% of all Mormons really give a tinker's damn about true liberty any more. Truly sad.
I'd be willing to bet that there is more interest in the church to see them convicted rather than freed. Nobody wants to rock the boat and more especially since Lavoy Finicum was murdered. Ex Senator Ried sure wanted to see a conviction.

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David13
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Re: Bundy trial declared a mistrial

Post by David13 »

simpleton wrote: January 21st, 2018, 2:16 pm
tmac wrote: January 21st, 2018, 12:04 pm Amazingly little interest in what seems to me to be such an important issue -- particularly as it relates to fundamental liberty and Mormons.

After first declaring a mistrial, Judge Navarro ended up dismissing the whole thing with prejudice, based on what even she described as flagrant prosecutorial misconduct.

Really surprised that there is so little interest here in such important developments. Based on my experience and observations, I would venture to say that on the whole things have evolved to the point that probably not more than about 1% of all Mormons really give a tinker's damn about true liberty any more. Truly sad.
I'd be willing to bet that there is more interest in the church to see them convicted rather than freed. Nobody wants to rock the boat and more especially since Lavoy Finicum was murdered. Ex Senator Ried sure wanted to see a conviction.
But would you expect any less from someone like Reid? There is certainly a wolf in Mormons clothing.
As to the general membership, they all watch network news, follow the fake news networks, follow along with the agenda, don't they? Don't most of them? Even tho' still they vote Republican, at least in this area, to a great extent?
dc

lundbaek
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Re: Bundy trial declared a mistrial

Post by lundbaek »

As to the general membership, they all watch network news, follow the fake news networks, follow along with the agenda, don't they? Don't most of them? Even tho' still they vote Republican, at least in this area, to a great extent? And yet they fancy themselves holier than Thou.

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David13
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Re: Bundy trial declared a mistrial

Post by David13 »

lundbaek wrote: January 21st, 2018, 2:51 pm As to the general membership, they all watch network news, follow the fake news networks, follow along with the agenda, don't they? Don't most of them? Even tho' still they vote Republican, at least in this area, to a great extent? And yet they fancy themselves holier than Thou.
Yeah, some of them I suppose. I don't get a big feel of that. Hopefully that's not you, Lundbeck.
dc

Silver
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Re: Bundy trial declared a mistrial

Post by Silver »

https://www.zerohedge.com/news/2018-01- ... -dismissed

While FBI Investigation Distracts, Bundy Ranch Case Quietly Dismissed

by TDB
Wed, 01/24/2018 - 14:57

Via The Daily Bell

The FBI Trump investigation is perfect fodder for the mainstream media. It fits the right versus left paradigm like a glove.

It gives each side everything they desire. An enemy to hate. Someone to blame. And a good show.

For the right, the text messages between agents on the investigation team prove that there was an anti-Trump bias. They feel vindicated in their choice of Trump. If he wasn’t trying to drain the swamp, then why is the swamp trying so hard to drag him down?

The corruption involved in the investigation proves what they believe, that it is all rigged. It shows that the political machine is attacking an outsider. And it shows Trump is the perfect one to take them on.

But the left sees it differently. They think Trump is desperately trying to distract from Mueller closing in on high ranking Trump officials. They see these stories about FBI corruption as proof that Trump is guilty. Why else would he be so keen on destroying the FBI’s credibility?

They think the text messages and the intelligence memo that supposedly points to more corruption, are just slight of hand to obscure the actual guilt of Trump and associates.

But what will really happen in the end? Probably nothing. There won’t be some major revelation that brings down the FBI. There won’t be some major charge against Trump.

The right will get little crumbs that certain FBI officials broke protocol. The left will get little crumbs that some of the Trump team did unsavory things. And the machine will go on as normal.

The left and the right will both feel robbed by the corruption of the other side. Their anger and resentment will increase. This will inevitably fuel the us versus them meme.

Meanwhile, Back at the Ranch…

But there is another us versus them story that the mainstream media is not so happy to promote. It is the government versus the people.

For all the coverage of the Bundy Ranch standoff, they sure dismissed the case quietly.

Why wouldn’t the media want to report that some dangerous anti-government borderline terrorists are back on the streets?

Because it turns out the Bundy family were the ones being terrorized. The same terrorists that massacred part of the Weaver family at Ruby Ridge seemed intent on doing the same thing at the Bundy Ranch.

Federal judge Gloria Navarro slammed the FBI and Justice Department on Monday, Jan. 8, for “outrageous” abuses and “flagrant misconduct” in the prosecution of Cliven Bundy and sons, the Nevada ranchers who spurred a high-profile standoff with the FBI and Bureau of Land Management in 2014. Navarro condemned the “grossly shocking” withholding of evidence from defense counsel in a case that could have landed the Bundys in prison for the rest of their lives. Navarro, who had declared a mistrial last month, dismissed all charges against the Bundys.

Navarro was especially riled because the FBI spent three years covering up or lying about the role of their snipers in the 2014 standoff. The Bundys faced conspiracy charges because they summoned militia to defend them after claiming FBI snipers had surrounded their ranch. Justice Department lawyers scoffed at this claim but newly-released documents vindicate the Bundys. In an interview Saturday, Ammon Bundy reviled the feds: “They basically came to kill our family, they surrounded us with snipers. And then they wanted to lie about it all like none of it happened.”

And just like in the case of Ruby Ridge, the feds were unable to prosecute. Despite murdering Weaver’s wife and teenage son, there was no reason for the FBI to ever have targetted his family.

And in the case of the Bundy Ranch, the feds put countless lives in danger, wasted tremendous resources, and kept innocent people in prison awaiting trial for years. But the courts exonerated them. The Bureau of Land Management obstruction and withholding of evidence came to light, despite their best efforts.

You can challenge the feds, and you can sometimes “win.” It all just depends on what you are willing to risk and sacrifice. They will take as much from you as possible, no matter how innocent you are.

Prosecutors apparently feared jury nullification in the Bundy case. That is when a jury issues a “not guilty” verdict despite proof of guilt. A jury could do this when they think a law is unjust, like in drug possession prosecutions. A jury could also nullify a guilty verdict when they think the defendants were unfairly targetted or were provoked by federal agents to commit a crime.

But because the Bundy case doesn’t fit into electoral politics, it is ignored. Because the government comes out looking malicious, corrupt, and vengeful, the media would rather not call attention to it.

To be sure, there are FBI officials involved in the Trump probe that are corrupt and spiteful as well. And surely there are some shady characters on the Trump team.

But it is a battle between political factions.

The battle that the Bundys just won was a battle between the corrupt establishment and your average American. It was a real vindication of serious wrongdoing by government officials.

But the left-right battle over the FBI investigation and team Trump is just political showmanship.

lundbaek
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Location: Mesa, Arizona

Re: Bundy trial declared a mistrial

Post by lundbaek »

I've not been following this story very closely. If I understand correctly (which may not be the case) Judge Navarro at first demonstrated extreme hostility toward the Bundys, and then recognized and acknowledged dishonesty and corruption on the part of the FedGov. Does that sound about right.

larsenb
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Location: Between here and Standing Rock

Re: Bundy trial declared a mistrial

Post by larsenb »

Silver wrote: January 24th, 2018, 2:27 pm https://www.zerohedge.com/news/2018-01- ... -dismissed

While FBI Investigation Distracts, Bundy Ranch Case Quietly Dismissed

by TDB
Wed, 01/24/2018 - 14:57

Via The Daily Bell

The FBI Trump investigation is perfect fodder for the mainstream media. It fits the right versus left paradigm like a glove.

It gives each side everything they desire. An enemy to hate. Someone to blame. And a good show.

For the right, the text messages between agents on the investigation team prove that there was an anti-Trump bias. They feel vindicated in their choice of Trump. If he wasn’t trying to drain the swamp, then why is the swamp trying so hard to drag him down?

The corruption involved in the investigation proves what they believe, that it is all rigged. It shows that the political machine is attacking an outsider. And it shows Trump is the perfect one to take them on.

But the left sees it differently. They think Trump is desperately trying to distract from Mueller closing in on high ranking Trump officials. They see these stories about FBI corruption as proof that Trump is guilty. Why else would he be so keen on destroying the FBI’s credibility? . . . . .

But the left-right battle over the FBI investigation and team Trump is just political showmanship.
What perfect 'solipsistic' crap. Where do you get this stuff??

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