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DOJ files appeal to reverse stinging loss to Bundy clan in Nevada standoff
The Washington Times ^ | 2/6/2019 | Valerie Richardson

Posted on 02/07/2019 9:45:02 AM PST by cowpoke

The Justice Department filed an appeal Wednesday of its devastating defeat against Cliven Bundy in the Nevada standoff, disputing the federal judge’s decision last year to throw out the case based on prosecutorial wrongdoing.

The 88-page motion, filed with the Ninth Circuit Court of Appeals, challenged Chief U.S. District Court Judge Gloria Navarro’s blistering finding of “flagrant” misconduct, which prompted her to declare a mistrial in December 2017 and dismiss the charges a month later.

U.S. Attorney for Nevada Nicholas A. Trutanich, who took over last month, insisted that the government had “timely disclosed significant discovery,” refuting the judge’s ruling that prosecutors had withheld evidence on items such as an FBI surveillance camera and snipers at the 2014 clash.

“To the extent any of the government’s shortcomings constituted Brady violations, they were clearly inadvertent, and certainly not willful,” he said in the motion.

The judge’s findings “fail as a matter of law; and the record and the facts do not support the district court’s condemnation of the prosecutors in this case,” the motion said. Bundy attorney Larry Klayman immediately filed a motion to strike the appeal, calling it “frivolous” and arguing that the court had not granted the government’s request for a third extension of the deadline.

“To keep this appeal hanging over the head of my client and his co-defendants is more than unconscionable: it is unprofessional and grossly unethical, and calculated only inflict more severe emotional distress on them and to ‘circle the wagons’ around those ‘bad actors’ in this U.S. Attorney’s office who themselves, rather than the defendants, committed crimes,” Mr. Klayman said in his brief...MORE

(Excerpt) Read more at washingtontimes.com ...


TOPICS: Government
KEYWORDS: appeal; bundyfamily; frankdubois; nevertrump; nevertrumper; nevertrumpers; us
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1 posted on 02/07/2019 9:45:02 AM PST by cowpoke
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To: cowpoke

Yet another example confirming it ain’t gonna be fixed WITHIN the system.


2 posted on 02/07/2019 9:47:29 AM PST by Kalamata (NEW! Pt 2: https://www.youtube.com/watch?v=aXF4ySJ7Xyc&list=PLrCQerz2L0If_VT4tw73RjhG5tBjdZfZy&index)
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To: cowpoke

Somebody, sometime is going to have to clean out the CESSPOOL that is today’s DOJ and FBI. It just might be TRUMP immediately at the beginning of his 2nd term in office.

At least this is my hope.


3 posted on 02/07/2019 9:49:35 AM PST by House Atreides (Boycott the NFL 100% — PERMANENT)
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To: Kalamata

“Yet another example confirming it ain’t gonna be fixed WITHIN the system.”

Yup, too late for that, and too soon for the alternative.


4 posted on 02/07/2019 9:50:34 AM PST by READINABLUESTATE
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To: cowpoke

As I said in my column posted earlier today https://www.freerepublic.com/focus/f-bloggers/3726081/posts

” Thought it was over? The Nevada judge threw the case out because of “flagrant misconduct” by the prosecutor. However, the assistant U.S. attorney for Nevada has just announced their effort to appeal the decision has been approved by the Solicitor General and would be filed by February 6th. The Bundy’s attorney has accused the feds of “circling the wagons” and says, “It’s all about protecting their own”

The Solicitor General who approved the appeal is Noel Francisco, who was placed in that position by Donald Trump. It doesn’t matter who the President is, this demonstrates once again that government attorneys will protect government attorneys, and the Constitution and the public be damned.


5 posted on 02/07/2019 9:50:42 AM PST by cowpoke
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To: cowpoke

Leftists are depraved, power-hungry, hateful, violent, vindictive people. Like unrelenting predators they will not give up. I truly fear for the Bundy family whose only ‘sin’ was in thinking that our Constitution was still the law of our land and fount of our unalienable rights.


6 posted on 02/07/2019 9:51:46 AM PST by spirited irish
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To: cowpoke

Bundy needs another Gerry Spencer to kick these a-hole gub mint lawyers asses.


7 posted on 02/07/2019 9:54:56 AM PST by Joe Boucher ( Molon Labe' baby, Molon Labe)
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To: cowpoke

Amazing that the supposed justice department still grinds along with its agenda to destroy America. THIS is what Trump is up against. In essence the company he runs doesn’t listen to their boss, his direction or his vision. They just do whatever they want.


8 posted on 02/07/2019 9:56:37 AM PST by DouglasKC
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To: spirited irish
Government employees Leftists are depraved, power-hungry, hateful, violent, vindictive people. Like unrelenting predators they will not give up.

Fixed it for ya'.

They are doing their father's work here on Earth.

John 8:44: Ye are of your father the devil, and the lusts of your father ye will do. He was a murderer from the beginning, and abode not in the truth, because there is no truth in him. When he speaketh a lie, he speaketh of his own: for he is a liar, and the father of it.

1 Peter 5:8: Be sober, be vigilant; because your adversary the devil, as a roaring lion, walketh about, seeking whom he may devour:

9 posted on 02/07/2019 9:58:52 AM PST by Ol' Dan Tucker (For 'tis the sport to have the engineer hoist with his own petard., -- Hamlet, Act 3, Scene 4)
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To: cowpoke

The Deep State is NEVER totally defeated. They just keep coming back with more tyranny, as is their nature. And what’s more? WE PAY THEM TO DO IT.


10 posted on 02/07/2019 10:00:23 AM PST by backwoods-engineer (Enjoy the decline of the American empire.)
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To: cowpoke

But... but... but... most FBI and DOJ agents are “good guys”!

It’s just a few at the top!


11 posted on 02/07/2019 10:01:19 AM PST by Fido969 (In!)
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So who’s the boss and where does the buck stop?


12 posted on 02/07/2019 10:02:02 AM PST by proust (Justice delayed is injustice.)
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To: House Atreides

I have long held out hope that President Trump’s second term would be the time the good guys let ‘er rip. Hillary, Comey, Clapper, Brennan, Rosenstein, Mueller, Obama.....the whole rotten, corrupt, criminal cabal.


13 posted on 02/07/2019 10:06:34 AM PST by JudyinCanada
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To: cowpoke
“To the extent any of the government’s shortcomings constituted Brady violations, they were clearly inadvertent, and certainly not willful,” he said in the motion.

When the defense had demanded this specific information, it was not inadvertent, but willful.

The judge was pro-prosecution at every point in the trial until the lies and abuses were so blatant that even a corrupt judge could no longer go along with fraud upon the court and civil rights violations.

14 posted on 02/07/2019 10:16:12 AM PST by WASCWatch
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To: cowpoke

You have certainly got that right.


15 posted on 02/07/2019 10:17:02 AM PST by WASCWatch
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To: cowpoke

All the conservative commentators who say that the corruption in the FBI and DOJ is just at the top in Washington D.C. don’t have a clue. It goes all the way to the bottom in the field offices. VERY few honest FBI Agents, and those who are have little chance of being promoted to high places.


16 posted on 02/07/2019 10:20:07 AM PST by WASCWatch
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To: cowpoke

Say what you want about the 9th Circuit, and there is lots of bad things to say, the 9th Circuit is actually very good on cases like this. The DOJ doesn’t have a snowball’s chance in hell getting the Judge’s decision reversed. The judge wrote a very detailed account of a laundry list of abuses, the witholding of evidence, and the hiding of relevant witnesses.

As another poster said, the approval to seek an appeal is only to provide a bit of coverage for the dishonest and corrupt prosecutors and federal agents.


17 posted on 02/07/2019 10:32:05 AM PST by WASCWatch
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To: Fido969

As you imply, it’s almost all of them.


18 posted on 02/07/2019 10:33:28 AM PST by WASCWatch
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To: WASCWatch
so blatant that even a corrupt judge could no longer go along with fraud upon the court

I didn't know you could trip that bar.

19 posted on 02/07/2019 10:36:20 AM PST by AndyJackson
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To: cowpoke
to ‘circle the wagons’ around those ‘bad actors’ in this U.S. Attorney’s office who themselves, rather than the defendants, committed crimes

There's a lot of that going around.

20 posted on 02/07/2019 10:37:32 AM PST by monkeyshine
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