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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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To: cowpoke

“The Justice Department filed an appeal Wednesday of its devastating defeat against Cliven Bundy in the Nevada standoff...”

I thought Sessions was gone?


21 posted on 02/07/2019 10:37:52 AM PST by Bonemaker (invictus maneo)
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To: cowpoke

How do you get to appeal a case that was dismissed with prejudice?


22 posted on 02/07/2019 10:41:22 AM PST by mass55th ("Courage is being scared to death, but saddling up anyway." ~~ John Wayne)
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To: cowpoke

I thought the judge also said “With Prejudice” which should mean no more actions of any kind.


23 posted on 02/07/2019 10:41:51 AM PST by ridesthemiles
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To: Ol' Dan Tucker

Thanks for fixing it :-) I’m in complete agreement.


24 posted on 02/07/2019 10:42:22 AM PST by spirited irish
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To: JudyinCanada
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.

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.

25 posted on 02/07/2019 10:42:48 AM PST by Digger
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To: cowpoke

Same old DOJ... Infested with commie scum...


26 posted on 02/07/2019 10:49:55 AM PST by SuperLuminal (Where is Sam Adams now that we desperately need him)
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To: cowpoke

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.


27 posted on 02/07/2019 11:09:16 AM PST by Twotone
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To: WASCWatch

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 aren’t brave enough to whistle blow as they think the whistle blowers protections are a sham.


28 posted on 02/07/2019 11:19:58 AM PST by bkopto
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To: cowpoke

Probably the only answer to the swamp in the long run is another Civil War.


29 posted on 02/07/2019 11:21:00 AM PST by shanover (...To disarm the people is the best and most effectual way to enslave them.-S.Adams)
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To: cowpoke

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.


30 posted on 02/07/2019 11:38:11 AM PST by cowpoke
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To: Kalamata

At this point, it would be self-defense.


31 posted on 02/07/2019 11:43:37 AM PST by an amused spectator (Mitt Romney, Chuck Schumer's p*ssboy)
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To: bkopto

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 BLM’s 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 agency’s 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, “didn’t 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.”


32 posted on 02/07/2019 11:46:39 AM PST by cowpoke
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To: cowpoke

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.


33 posted on 02/07/2019 12:01:39 PM PST by bkopto
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To: AndyJackson

It’s not easy.


34 posted on 02/07/2019 5:36:37 PM PST by WASCWatch
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To: bkopto

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.


35 posted on 02/07/2019 5:39:05 PM PST by WASCWatch
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To: bkopto

“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/


36 posted on 02/07/2019 5:46:00 PM PST by cowpoke
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To: cowpoke

Remember:

Gloria Navarro denounced these persecutors.

Jefferson Sessions defended them.


37 posted on 02/08/2019 2:48:39 PM PST by YogicCowboy ("I am not entirely on anyone's side, because no one is entirely on mine." - J. R. R. Tolkien)
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