Posted on 12/23/2017 5:26:00 AM PST by Nextrush
The lead prosecutor in the Nevada standoff case against Cliven Bundy, two of his sons and a fourth alleged ringleader told a jury in his opening statement last month that the case centered on the need to respect the rule of law.
Five weeks later, it was the prosecution team's abuse of the rule of law that sunk the case, leading to a judge's declaration Wednesday of a mistrial.
U.S. District Judge Gloria M. Navarro methodically listed the prosecution's six separate violations of the Brady law, which requires turning over evidence potentially favorable to the defense. The judge further ruled that each violation was willful.
If ever there was a time when federal prosecutors needed to make sure they acted with complete integrity it was in the high stakes Bundy case, legal observers say.....
..... whether prosecutors can pursue a new trial, and the judge's finding of deliberate misconduct gives the Bundys a good argument to seek an outright dismissal and walk away free men, legal experts said.
In the meantime, the dissection has begun: How could prosecutors have lost sight of due process, one of the basic tenets of the legal system.....
The judge's rebuke of the Nevada's Acting US Attorney Steve Myhre, the lead, and two seasoned veteran Assistant US attorneys, Daniel Scniess and Nadia Ahmed, was remarkable in and of itself.
"This is every prosecutor's nightmare," said Kent Robinson, a retired federal prosecutor who served six years as chief of the criminal division in Oregon's U.S. Attorney's Office.
When a judge makes a finding of misconduct by a prosecutor, the U.S. Department of Justice's Office of Professional Responsibility investigates and determines if discipline is warranted, which can range from a reprimand to a suspension.......
(Excerpt) Read more at oregonlive.com ...
Getting caught?
Main justice is going to have a hard time salvaging this one. They are sending in their top guns.
I think this article misleads. Meaning, it tries to convince the reader that these “withheld” documents are the REASON this case failed!
No Sir!, this case failed because the government was WRONG about everything WAY BACK AT THE BEGINNING and when they got into court they discovered that their case was full of holes so they cheated to compensate! Pure and Simple............the Government F’d this whole case up from day one which was YEARS ago, THEY CAN’T WIN and it will be dismissed wish prejudice!
Did you know that the chief of the Gestapo was named Heinrich Muller?
“This all circles back to Harry Reid and his effort to get ranchers off of the land.”
So much for Mormon “brotherly love!” Both Reid and the Bundys are Mormons.
My fav from this, and the best part is he was representing himself which isn’t mentioned.
“The judge, for example, noted in her ruling how the prosecutors dismissed Ryan Bundy’s pretrial motion for information on “mysterious devices’’ outside his family ranch as “fantastical’’ and a “fishing expedition,’’ and shrugged off another defense request for a suspected federal investigative report into BLM agent Love, calling it “urban legend.’’ This month, the government turned over nearly 500 pages of internal affairs documents on Love.”
“When a judge makes a finding of misconduct by a prosecutor, the U.S. Department of Justice’s Office of Professional Responsibility investigates and determines if discipline is warranted, which can range from a reprimand to a suspension.......”
It should include capital punishment.
This is the Bundy story narrated by Ammon Bundy. He explains the Rights they had and what happened leading up to the standoff and since they have been arrested. https://www.youtube.com/watch?v=GhNmZ2lWc9U
[...effort to get ranchers off of the land.”
If Sessions allows this case to go forward and be prosecuted again, it will be for no other purpose than to break and ruin this family financially and to steal their wealth and property dating back to the 1700’s.
This case has disgusted me from the first video I saw of them tasering Ammon, and him ripping the taser barbs out of his chest. These government punks aren’t half the man of any Bundy.
You hear me Dan Love?
LET IT GO!
As far as I can tell, it's not only Reid (and people like him) who take advantage of the whole 'preservationist', put-it-under-glass (don't touch it!) mindset that arose out of Marxist-dominated academia environmentalism.
Environmentalism was being used as excuse to cordon off lands that none held title to.
Bureau of Land Management (BLM) used to be the people's friend. Now, there is a large contingent within that agency and most anywhere else one cared to look who wants to shut commercial AND public "use" out of federally managed lands.
According to the Constitution those lands should not be retained by Federal government as their own, but be given over to the States. BLM has reversed this process, enlarging their own fiefdom.
Generally, no one held title to most all of what eventually became BLM land because the land was too poor for farming and/or ranching, in the first place.
Beginning perhaps a few decades ago, enter the Marxists who compared cattle lease fees garnered from better grazing areas as [specious] argument to raise fees on marginal BLM land.
They did so knowing full well they could keep raising the fees resulting in driving out commercial interests.
As most any college student. Cows are bad, mmm,kay? Ok, class dismissed. See you later (after class) at McDonalds...
Actually, it is every innocent person wrongly accused’s nightmare.
Thank you for making those points.
It is VERY hard to explain to people about water rights & the different kinds of water rights here in Nevada.
We had to start a non-profit organization to protect our Domestic Well water rights here in Lyon County in N nevada because the local ‘water company’ wanted to expand to the whole valley & force us to give up our 2.2 acre feet of water rights, disable our wells, (leaving us with no backup if they have a problem delivering good water to us),force us to hook up to their system at whatever cost they mandate & forcing us to hire contractors to reroute all our water pipes coming from the well pits to the house/barn/shop/outside deep freeze hydrants/ etc.
We are still fighting them. Nevada Legislature has NOT been of help. This valley is about 40% or more retired on fixed incomes.
Why am I not surprised that some people believe President Trump or someone in his administration would do this to deliberately throw the case? Come on, it’s the FBI, among others, that screwed up. If President Trump interfered they’d be screaming bloody murder.
Exactly! At this point how can any jury believe anything the DOJ or FBI puts in front of them. Just blatantly corrupt and they totally ignore due process and the rule of law. Since 1992 we have slowly turned into a third world banana republic.
How can we lecture China or Russia on their corrupt systems when ours is just as bad. Thank you GHW Bush, Clinton, GW Bush and the worst of the lot Obama for your politicalization of the entire US government and filling it with political hacks and incompetent goons.
When history is written on this era it will have to note the complete failure of the elites and ruling class. They sold everything for power and money, including their country, they are a disgrace to their class and everything else, utterly contemptible.
It is actually about water. Bundy owns massive amounts of water rights, plus 160 acres of bottom land along the Virgin River just 90 minutes northeast of Las Vegas that they farm melons
Mineral rights are separate and really don’t require pushing cattle off the grazing allotments. But usurping water rights does.
Thanks...
Why do feds care about water rights?
Sessions will he, run....hit or hide?
The money in Vegas should be on that.....
The BLM earlier tried that on a rancher up in Nye County, NV. Unlike Clark County, this Sheriff stepped up to the plate. (Love the part when the BLM threatens to send in their SWAT team and he tells them they'll be met by HIS SWAT team.):
Sheriff Tony DeMeo - One
Sheriff Tony DeMeo - Two
Sheriff Tony DeMeo - Three
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