Posted on 02/08/2018 3:56:29 AM PST by Nextrush
Federal prosecutors in Nevada are asking a federal judge to reconsider her dismissal of charges against Cliven Bundy, his sons Ammon and Ryan Bundy and supporter Ryan Payne in their 2014 armed standoff over cattle grazing, arguing that her ruling was erroneous "unwarranted and unjust."
They said US District Judge Gloria M. Navarro failed to consider a less drastic remedy for the evidence violations she found.
In a motion filed Wednesday, the prosecutors also reiterated their unsuccessful argument that the evidence they failed to share too late wouldn't have been admissible anyway because they didn't believe the defendants could argue that they acted in self-defense, were provoked or intimidated.
They urged the judge to consider the fallout from her Jan. 8 dismissal, suggesting it will endanger other federal officers who typically patrol remote public lands alone.
"This case has major ramifications for all public lands law enforcement officers," Elizabeth White, the Nevada U.S. Attorney's appellate chief wrote in a 29-page motion.
"Dismissing this entire case with prejudice, based on the government's non disclosure of mostly duplicative evidence of law enforcement's pre-impoundment surveillance and preparation, would encourage then defendants, their supporters and the public to disrespect the law and the lawful orders of the courts.".................
(Excerpt) Read more at oregonlive.com ...
The only assaults associated with this case are those of the federal officers on the Bundy's (Dave Bundy beaten up, arrested April 6, 2014, Ammon Bundy tazed April 9, 2014) among other things.
Holding them in jail was an assault.
A chill wind blows at the Deep State.
That was torture.
Whew, for awhile there I was worried that Jeff was asleep at the wheel. At least he is relentlessly pursuing innocent people out in the middle of nowhere who are bothering no one. Can’t have these Leroy Finicun/Randy Weaver types running loose.
OOZING SARCASM
Funny... I've been thinking that a *more* drastic remedy to those evidence violations would've been in order.
The one lady thrown to the ground too.
The de-sphynxification of Uncle Sam continues apace.
These arrogant punks just don't get it do they?
The judge should lock them up for presenting false evidence before the court.
Just how uneducated are these Federal Prosecutors.
When something is dismissed with prejudice, it CAN’T be retried. That would be double jeopardy and would violate the Fifth Amendment to the United States Constitution.
“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”
They don't know what she did or did not consider.
The Bundys are fortunate they haven't ended up like the Branch Davidians - yet.
But if the feds are twarted in the courts anything can happen.
This is the boiler plate for launching a series of appeals up the food chain.
Yes, they will have to recognize that there might be slight consequences to lying under oath. Post Clinton, perjury by the ruling class and their lackeys was getting a free pass.
...Funny... I’ve been thinking that a *more* drastic remedy to those evidence violations would’ve been in order...
Sanctions by their BAR associations including disbarment.
Contempt of Court and jail
Deep state still runs Justice. Where is JS?
They said US District Judge Gloria M. Navarro failed to consider a less drastic remedy for the evidence violations she found.
Contempt of Court
Remanded 30 days
$10,000 fine
Referral to the BAR association for permanent Disbarment
Criminal Referral for Fraud upon the Court
Motion Denied.
Remind us again what color hat Session wears.
What part of “with Prejudice” don’t these prats understand?
They’re basically trying to relitigate their case. I hope the judge slams them!
The screwed up their chance and don’t deserve a do-over. On the other hand, I doubt Bundy has changed his ways and started paying his grazing fees so I suspect he will provide the prosecutors with fresh opportunities for prosecution.
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