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Judge opens door for Ammon Bundy, others to be prosecuted in Nevada and Oregon at the same time
OregonLive ^ | 3/22/2016 | Aimee Green

Posted on 03/23/2016 4:47:06 AM PDT by Nextrush

A federal judge in Portland ruled Tuesday that Ammon Bundy and four other men indicted in the armed takeover of the Malheur National Wildlife Refuge in eastern Oregon can be flown to Las Vegas to face criminal charges in the 2014 standoff near the Bundy ranch in Nevada.

Attorneys for the five defendants told U.S. District Judge Anna Brown that they don't think federal prosecutors in Oregon and Nevada should pursue criminal charges at the same time.

Splitting time between courtrooms and jail cells in Oregon and Nevada would severely compromise their ability to meaningfully communicate with their defense attorneys and would interfere with their rights to speedy trials, they argued.

In Oregon, the defendants-takeover leader Ammon Bundy, brother Ryan Bundy, Ryan Payne, Brian Cavalier and Blaine Cooper-face charges........In all 26 defendants have been charged in Oregon in the takeover.

But the five who appeared in a Portland courtroom Tuesday also are part of a group of 19 indicted for alleged crimes stemming from the 2014 armed standoff near Cliven Bundy's ranch near Bunkerville, Nev.....

Brown the judge said she would allow the two Bundy's, Payne, Cavalier and Cooper to be transported from Oregon to Nevada on April 13 so they could be present for arraignment in the ranch standoff case. Brown said the group must be back in Oregon within 10 days-by April 23.

She said she didn't think a single 10-day absence from Oregon would violate the defendants' rights in the wildlife refuge case to speedy trial or effective communications with counsel.

A federal judge in Nevada, Brown said, will have to decide whether being tried in Oregon ends up violating the defendants' rights in the Nevada case.

Brown's ruling affects two other Oregon defendants-Joseph O'Shaughnessy and Pete Santilli....

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


TOPICS: Constitution/Conservatism; Crime/Corruption; US: Oregon
KEYWORDS: bundyranch; nevada; oregon; oregonstandoff
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Looks like the feds are trying to get the ball rolling on trying some of the Oregon protestors on the Nevada charges they face at the same time.

Defense attorneys are not happy with the notion.

1 posted on 03/23/2016 4:47:06 AM PDT by Nextrush
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To: Nextrush

I know Ryan Bundy’s defense attorney is pretty unhappy about it.


2 posted on 03/23/2016 4:52:01 AM PDT by wideawake
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To: Nextrush

I’m no ‘legal eagle’, but this doesn’t sound right.

In the thousands upon thousands of court cases, there must be a couple that can be argued to set precedent.


3 posted on 03/23/2016 4:53:41 AM PDT by MichaelCorleone (Jesus Christ is not a religion. He's the Truth.)
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To: Nextrush

What crimes did they commit?


4 posted on 03/23/2016 4:57:04 AM PDT by Maelstrom (To prevent misinterpretation or abuse of the Constitution:The Bill of Rights limits government power)
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To: Maelstrom

Defying the King.


5 posted on 03/23/2016 5:00:59 AM PDT by palmer (Net "neutrality" = Obama turning the internet over to foreign enemies)
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To: Nextrush
Would you be. Having simultaneous trials only compromises the ability of the defense to present their case.

If this isn't unConstitutional, it should be.

6 posted on 03/23/2016 5:01:06 AM PDT by Smokin' Joe (How often God must weep at humans' folly. Stand fast. God knows what He is doing.)
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To: MichaelCorleone
In the thousands upon thousands of court cases, there must be a couple that can be argued to set precedent.

Possibly not. It is entirely possible that this is the first Administration which would try to push the boundaries of due process this far over the line.

7 posted on 03/23/2016 5:02:36 AM PDT by Smokin' Joe (How often God must weep at humans' folly. Stand fast. God knows what He is doing.)
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To: Nextrush

Imam zero in cuba learning how to use secret police properly against protesters.


8 posted on 03/23/2016 5:06:16 AM PDT by HWGruene (REMEMBER THE ALAMO! Really, no kidding.)
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To: Nextrush

Anyone know if Judicial Watch is working on this case or not?


9 posted on 03/23/2016 5:08:58 AM PDT by CincyRichieRich (Trump is the ticket or the republic ends.)
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To: Nextrush
Splitting time between courtrooms and jail cells in Oregon and Nevada would severely compromise their ability to meaningfully communicate with their defense attorneys and would interfere with their rights to speedy trials, they argued.

I can't say as I disagree with the attorneys. Prosecute them in Oregon and once that is over then send them to Nevada for trial there. Trying to conduct both at the same time leaves them open for appeals.

10 posted on 03/23/2016 5:12:46 AM PDT by DoodleDawg
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To: Maelstrom
What crimes did they commit?

Conspiracy to impede officers of the U.S. from discharging their official duties through the use of force, intimidation, or threats; Conspiracy to impede or injure officer of the U.S.; Possession of firearms and dangerous weapons in federal facilities; Use and carry of firearm in relation to a crime of violence; Depredation of government property of value greater than $1,000; Theft of government property of value greater than $1,000.

11 posted on 03/23/2016 5:18:41 AM PDT by DoodleDawg
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To: palmer

A so-called king who will be gone in a couple of months.


12 posted on 03/23/2016 5:19:34 AM PDT by Biggirl ("One Lord, one faith, one baptism" - Ephesians 4:5)
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To: Maelstrom
What crimes did they commit?

One of their fellow patriots was murdered while they were all defying the petty tyranny of Obama and him BLM minions. I'm surprised the thugs are not charging that as Felony Murder - not yet at least.

13 posted on 03/23/2016 5:21:01 AM PDT by Pollster1 ("A Bill of Rights that means what the majority wants it to meand over an is worthless." - Scalia)
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To: MichaelCorleone

It all smells here, that’s for sure.


14 posted on 03/23/2016 5:24:09 AM PDT by Nextrush (FREEDOM IS EVERYBODY'S BUSINESS:REMEMBER PASTOR NIEMOLLER)
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To: Pollster1
One of their fellow patriots was murdered while they were all defying the petty tyranny of Obama and him BLM minions. I'm surprised the thugs are not charging that as Felony Murder - not yet at least.

These are the federal charges. Since it was the Oregon State Police that killed Finicum then there may still be state charges relating to that.

15 posted on 03/23/2016 5:25:33 AM PDT by DoodleDawg
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To: Pollster1

Hopefully the fed monkeys will be dragged into the case for depositions. In any case, the defendants will be bankrupted whether guilty or not guilty.


16 posted on 03/23/2016 5:25:48 AM PDT by SgtHooper (If you remember the 60's, YOU WEREN'T THERE!)
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To: Biggirl
A so-called king who will be gone in a couple of months.

Don't get your hopes up. Trump's been all pro-BLM/anti-Bundy on this.

17 posted on 03/23/2016 5:27:06 AM PDT by DoodleDawg
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To: All

The beast system can do anything it wants; for a time, ...


18 posted on 03/23/2016 5:27:51 AM PDT by veracious
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To: SgtHooper
Subpoena Obama himself.

Obama also said that people should be able "to organize and to criticize their government and to protest peacefully," and that they should not be arrested for doing so.

"Not everyone agrees with me on this," Obama said, "but I believe those human rights are universal. I believe they are the rights of the American people, the Cuban people and people around the world."

19 posted on 03/23/2016 5:37:43 AM PDT by fulltlt
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To: Maelstrom
Ranchers can't peacefully prorest the BLM.

The BLM is free to disrupt Free Speech.

20 posted on 03/23/2016 5:46:06 AM PDT by Paladin2
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