bunkerville standoff trial breaking: feds file motion to ban water rights as defense

Nextrush Free ^ | 11/20/2017 | Nextrush/Self

[Nextrush]

"Saying he was quoting Mark Twain, Whipple said: 'Alcohol is for drinking, water is for fighting' In Cliven Bundy's mind, 'he has a right to the range because he has used it for so long'"......

"Oregon Live" story published 11/14/2017 on opening arguments from Bret Whipple, Cliven Bundy's attorney

"....Evidence and arguments of water rights could easily cause the jury to be influenced by the notion that Cliven possessed an ownership interest in the land because he may have possessed water rights on the land, and that he was wronged when ordered to remove his cattle. Indeed one juror presented this question to Ms. Rugwell, asking whether water rights gives ownership rights. As seen from this question, evidence and arguments of water rights invites the jury to evaluate the validity of the Court Orders, and thus potentially engage in jury nullification....."

Excerpt of prosecution motion of 11/19/2017

The prosecution in the third Bunkerville Standoff trial, led by Acting US Attorney Steven Myhre, filed a motion yesterday (Sunday November 19th) to prohibit water rights from being used as a defense argument in the trial.

The motion mentions "preclude the evidence of water rights, fencing laws, open range laws and any other topic that would constitute a collateral attack on the merits of the 1998 and 2013 Court Orders and that could lead to jury nullification."

Court resumes later today.

Next post later today.

[Nextrush]

I saw this on the Maxine Bernstein Twitter feed and I thought I would pass it along. ' They are trying to censor the defense like they did in the first two trials again.

We may get Judge Navarro's ruling today.

[Paladin2]

Judge Navarro:

[Reno89519]

So the Bundy thieves think that prolonged thievery legitimizes it?! Grasping at straws here, aren't they? Maybe they should admit their obvious guilt, save us all the tax money prosecuting them, and get on with things. At least they are in jail, so however long it takes, it takes.

Now, if only the government would give the same level of actin against others, like Hillary.

[Paladin2]

I’m so happy that you find the chains of your tax slavery weigh so lightly on your shoulders.

[Paladin2]

[Hornet22]

Have you sent a letter of apology to the British yet? Our Founding Fathers behaved very badly towards them, didn’t they?

[MileHi]

"preclude the evidence of water rights, fencing laws, open range laws and any other topic that would constitute a collateral attack on the merits of the 1998 and 2013 Court Orders and that could lead to jury nullification."

Can't have the defendants putting on a defense. Why, they could found not guilty.

[Big Red Badger]

And so it goes on....
Why not let the Trial do it’s work!
You’ve convicted them already.

Sheesh.

[Delta 21]

As soon as the prosecuting attorney wants to purposefully exclude evidence that he knows could lead to jury nullification, a mis-trial should be called.

The defense gets to put forth evidence as well.

[MileHi]

As soon as the prosecuting attorney wants to purposefully exclude evidence that he knows could lead to jury nullification, a mis-trial should be called.

Such a ruling could be grounds for appeal. Hope that won't be necessary, these men have been through enough.

[RideForever]

Use your brain for something besides a hat holder. Do you have any concept of easement by adverse prescription? This should be thrown back in prosecution’s face.