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 judges 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 Navarros 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 judges 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 governments shortcomings constituted Brady violations, they were clearly inadvertent, and certainly not willful, he said in the motion.
The judges findings fail as a matter of law; and the record and the facts do not support the district courts 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 governments 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. Attorneys office who themselves, rather than the defendants, committed crimes, Mr. Klayman said in his brief...MORE
(Excerpt) Read more at washingtontimes.com ...
“The Justice Department filed an appeal Wednesday of its devastating defeat against Cliven Bundy in the Nevada standoff...”
I thought Sessions was gone?
How do you get to appeal a case that was dismissed with prejudice?
I thought the judge also said “With Prejudice” which should mean no more actions of any kind.
Thanks for fixing it :-) I’m in complete agreement.
Hope never changes outcomes. Nothing will happen to these criminals especially The Hildabeast. Everyone knows there are 2 criminal justice departments. As one keeps saying The Pledge of Allegiance - and justice for all, one is just contributing to this facade.
Same old DOJ... Infested with commie scum...
When there is a finding of prosecutorial misconduct, there should be an immediate grand jury impaneled to investigate malfeasance in office. They shouldn’t be allowed to just return to business as usual.
I personally know a federal agent working in a federal law enforcement agency. He is on a lower rung and he reports that the morale of the few dedicated ones in the trenches is in the toilet and they are all looking to leave.
They arent brave enough to whistle blow as they think the whistle blowers protections are a sham.
Probably the only answer to the swamp in the long run is another Civil War.
I summarized what the judge ruled in a column last year https://thewesterner.blogspot.com/2018/02/dubois-column_6.html
Federal Judge Gloria Navarro has dismissed all charges against the Bundys, citing outrageous abuses and flagrant misconduct by the prosecutors. Judge Navarro was most concerned about the following pieces of evidence withheld from the defense:
° Records about surveillance at the Bundy ranch
° Records about the presence of government snipers
° FBI logs about activity at the ranch in the days leading up to the standoff
° Law enforcement assessments dating to 2012 that found the Bundys posed no threat
° And internal affairs reports about misconduct by BLM agents
Judge Navarro declared a universal sense of justice has been violated and dismissed all charges against the Bundys with prejudice, meaning those charges cannot be brought again.
At this point, it would be self-defense.
It was BLM field agent from Idaho who blew the case wide open. In a column last year I wrote https://thewesterner.blogspot.com/2018/01/dubois-column.html
And just prior to Judge Navarro declaring a mistrial, a bombshell memo from a BLM law enforcement officer to the Dept. of Justice was made public. In the memo, BLM Special Agent Larry C. Wooten stated, I routinely observed, and the investigation revealed a widespread pattern of bad judgement, lack of discipline, incredible bias, unprofessionalism and misconduct, as well as likely policy, ethical and legal violations among senior and supervisory staff at the BLMs Office of Law Enforcement and Security.
Wooten further stated these issues, made a mockery of our position of special trust and confidence, portrayed extreme unprofessional bias, adversely affected our agencys mission and likely the trial regarding Cliven Bundy and put our agency and specific law enforcement supervisors in potential legal, civil and administrative jeopardy.
Some of the actions taken by certain BLM officers are simply too crude to include in this publication. However, Wooten did report:
º Conduct that was, discriminatory, harassing and showed clear prejudice against the defendants, their supporters and Mormons.
º Uncovered comments where BLM agents bragged about roughing up Dave Bundy and grinding his face into the ground.
º That BLM employees, didnt properly turn in the required discovery material (likely exculpatory evidence)
º That one BLM Supervisor, instigated the unprofessional monitoring of jail calls between defendants and their wives, without prosecutor or FBI consent.
º That former BLM Special Agent-In-Charge Dan Love purposely ignored federal and state recommendations, in order to command the most intrusive, oppressive, large scale and militaristic trespass cattle impound possible.
BLM Agent Wooten also say his investigation found, excessive use of force, civil rights and policy violations. Further, Wooten says, there was an improper cover-up in virtually every matter that a particular BLM SAC participated in, or oversaw.
Yes, Agent Wooten sounds like a rare hero. I wonder where he is now, or has he quit or been shown the door? A real hero, one interested in true public service and not in tyrannical behavior.
Thanks.
It’s not easy.
It may take a while, but the rewards when one is a whistle blower can be huge. Just make sure you have an attorney and a place to land when take that route.
Planning ahead is vital. Need to take copies of incriminating documents, but only if they are not classified.
“Steven Myhre, Nevada’s current acting U.S. attorney who is leading the prosecution of Bundy, removed Bureau of Land Management agent Larry Wooten from the investigative team on Feb. 17 after Wooten had raised concerns that the government was withholding discovery evidence involving Love. Wooten’s removal came during the first trial stemming from the Bunkerville standoff.” https://www.oregonlive.com/oregon-standoff/2017/12/bureau_of_land_management_supe.html
I’m not sure what Woote is doing today, but check this out about the head of BLM Law Enforcement
http://www.thiswestisourwest.com/index.cfm/in-the-news/accounts-of-corruption-surrounding-blm-director-of-law-enforcement/
Remember:
Gloria Navarro denounced these persecutors.
Jefferson Sessions defended them.
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