PUBLIC LANDS: Bundy: ‘It is due time’ for new management proposal — Wednesday, December 12, 2018 — www.eenews.net

But while Bundy’s battle with BLM over grazing fees appears to be dormant, his fight with federal prosecutors may not be over.

Although Chief U.S. District Judge Gloria Navarro barred federal prosecutors from seeking a new trial against Bundy and his sons, the government filed a “protective notice of appeal” in the 9th U.S. Circuit Court of Appeals this summer.

Federal prosecutors are required to file their opening brief in that case by Jan. 2, with a response from Bundy and his sons by Feb. 1.

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Rebuke of U.S. attorneys in Cliven Bundy case: ‘Every prosecutor’s nightmare’

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. The defendants already held a deep suspicion of the government and had successfully rallied followers to their cause.

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White House hits back at Oregon’s senators over appeals court nomination

In the ongoing dispute between the state’s two U.S. senators and the Trump administration, the White House counsel accuses the lawmakers of failing to consider the administration’s pick for a judicial vacancy on a federal appellate court.

The White House last week nominated Assistant U.S. Attorney Ryan Bounds, a young, politically conservative federal prosecutor, for the 9th U.S. Circuit Court of Appeals. Sens. Ron Wyden and Jeff Merkley, both Democrats, want U.S. District Judge Marco A. Hernandez, a Republican, for the vacancy.

Wyden and Merkley have vowed to block Bounds’ nomination, saying that he wasn’t vetted through their bipartisan judicial selection committee.

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