Federal prosecutors urge judge to reconsider dismissal of case against Cliven Bundy

OregonLive ^ | 2/7/2018 | Maxine Bernstein

[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.".................

[Zeppo]

Should fed prosecutorial immunity be reconsidered where there is evidence of flagrant violation of the rights of defendants under color of law?

It appears that the feds had a veritable squadron of ‘Nifongs’ on the team.

[Georgia Girl 2]

It never ends.

[Nextrush]

The issue remains federal versus state control. The checks have been sent to Clark County, Nevada over the years for the 8-thousand dollars owed.

Bundy will pay to local government, not the feds.

[DoodleDawg]

The issue remains federal versus state control. The checks have been sent to Clark County, Nevada over the years for the 8-thousand dollars owed.

So in other words he isn't paying.

Bundy will pay to local government, not the feds.

The local government doesn't own the land, the feds do.

[sargon]

These Tyrannical jackboots don't know when they're beaten, do they?

Take your Police State totalitarianism and shove it where the sun don't shine, you f-cking murderers. Is that clear enough? You, and the prosecutors as well. F-cking criminals who think they're God!

I tell you what: the state and local police aren't so bad when they're doing their job, but these feds—they think they can just make things up as they go along—corrupting the state police along the way, as happened in this case. From Ruby Ridge, to Waco, and now this travesty, "out of control" is the operative phrase.

And Jeff Sessions thinks they should still be prosecuting this federal overreach? That—more than anything else—gives me second thoughts about AG Sessions...