In a section of the 88-page brief filed with the 9th U.S. Circuit Court of Appeals that argues that prosecutors were simply trying to balance disclose of data against “protecting witnesses and victims from real and on-going threats,” prosecutors note that “in June 2014, Jerad and Amanda Miller, two extremists who had been at Bundy’s property in April, murdered two Las Vegas police officers as they ate lunch, then draped a Gadsden flag over one of the officers and shouted this was the start of ‘a revolution,’ and later killed a civilian as well.”
What they continue to neglect to mention is that the Millers were a couple of leftist, anti-authoritarian lunatics who showed up at the Bundy ranch standoff with BLM agents trying to confiscate his cattle but were told by the Bundys to leave because of their “very radical” views.
A conservative internet talk show host and figure in the 2014 Bunkerville standoff wants to interview President Donald Trump adviser Roger Stone while Stone is under federal indictment.
But Pete Santilli, whose YouTube channel has 33,000 subscribers, must first get permission from U.S. District Judge Gloria Navarro to conduct the video interview, according to his Las Vegas lawyer, Chris Rasmussen.
“Santilli looks forward to his audience being able to hear Roger Stone’s side of the events that led up to his arrest, and friendship with President Trump,” Rasmussen said in an interview Thursday.
POCATELLO — An Arimo ranching couple says they will soon lose access to feed some of their livestock, following a district judge’s decision Monday afternoon to allow the county to go forward with a road-use restriction.
Effective Feb. 11, Sixth District Judge Robert Naftz said he will dissolve the temporary restraining order he issued in late January on behalf of ranchers Sherrilyn and Dennis Munden, blocking enforcement of a road access restriction included in a new county ordinance.
The ordinance, approved in January, specifies that a 2-mile stretch of Garden Creek Road the Munden’s have used to haul feed to bulls, steers and horses is part of a designated snowmobiling route and is closed to other forms of traffic.
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.
LAS VEGAS – A year after a judge dismissed charges against rancher Cliven Bundy, two of his sons and another man, an appeal is coming.
Federal prosecutors announcing this week they are challenging a decision by a U.S. District Court judge to declare a mistrial and dismiss the case against the four men related to the armed standoff near Bunkerville, Nevada back in 2014.
The vast valley surrounding the Virgin River sprawls for miles in every direction. Recent rains have left the range lush with vegetation.
This month, four volunteers from a similar organization in Arizona, called No More Deaths, were convicted of misdemeanor charges of abandonment of property and entering a wildlife refuge without a permit after leaving food and water in a remote national wildlife refuge infamous for migrant fatalities. The Pima County medical examiner has documented 137 migrant deaths in this area since 2001, although No More Deaths advocates say they believe the number is much higher.
Each volunteer could receive up to six months in federal prison and a $500 fine for crimes that Judge Bernardo P. Velasco wrote eroded a “national decision to maintain the Refuge in its pristine nature.”
Federal prosecutors said Wednesday they plan to appeal their demoralizing defeat in the Nevada standoff trial, which saw a federal judge rebuke prosecutors for “flagrant misconduct” and dismiss all charges against rancher Cliven Bundy and two of his sons.
Elizabeth O. White, assistant U.S. attorney for Nevada, assured the court that the appeal would be filed by Feb. 6 after asking for a 14-day extension, saying the “review process is complete and the Solicitor General has authorized the government’s appeal.”
“Undersigned counsel further advises that the draft brief is nearly complete, editing of the completed portions has begun, and she has begun the laborious process of preparing the excerpts of record and updating the record citations in brief to the excerpts of record,” Ms. White said in the motion.
The Justice Department already had requested and received two extensions, but it was unclear until Wednesday whether prosecutors would go forward with the appeal.
Bundy attorney Larry Klayman condemned the decision to file the appeal, which would go before the U.S. Court of Appeals for the 9th Circuit. He accused the government of “circling the wagons” to protect prosecutors, including former Acting U.S. Attorney for Nevada Steven Myhre.
In a news release, committee chairman Robert Thomas III explained, “The court decision, Reynolds v. Sims, mandated that state senators be elected by population. This decision created what our Founding Fathers feared; a tyranny of the majority (‘mob rule’). Now, large population centers out-vote all the rest of rural Nevada with distressing regularity. That injustice can be corrected by the formation of a New Nevada State.”
The release goes on to state the group’s belief that the interests and values of rural Nevadans differ greatly from those who reside in large cities. It further asserts that advances for the urban areas often come at the expense of the remainder of the population.
To help generate interest in the New Nevada State Movement, the group hosted a “Declaration Day Rally” in front of the Nye County Courthouse on Jan. 21. There, a Declaration of Independence was read, outlining the intent to have rural counties secede from Nevada and form a brand new state, with its own government, which would be controlled by the vote of the rural people.
Right now, there are over 140 judicial vacancies that need to be filled, and needless to say, Senate Republicans have their work cut out for them.
And because judges have such profound influence in the way you and millions of Americans live out your faith, we’d like to let you in on a little secret about judicial nominations.
Here’s some “inside baseball” you’re not going to get anywhere else.
OJ Appellate Chief and Assistant U.S. Attorney Elizabeth White revealed Francisco’s apparent indecision on Wednesday in a request to delay opening briefs in the case, which centers on a 2014 armed standoff between the Bundys and their supporters and the Bureau of Land Management.
“Despite the government’s diligent efforts, the Solicitor General’s review of the matter is not yet complete,” White wrote, pointing to the “massive” record in the case. “His Office, and the Solicitor General himself, are carefully reviewing the issues, the record, and the draft government brief.”
Brian “Booda” Cavalier, 47, of Mesa, Arizona, was told he won’t serve any more time than the 20 months he spent in federal custody between his arrest in early 2016 and his guilty plea in October 2017 to two charges of conspiracy to impede and injure a federal officer.
Navarro also sentenced Cavalier to one year of federal supervision, ordered him to undergo substance abuse treatment and prohibited him from communicating with other people connected with the standoff.
Cavalier also pleaded guilty to a weapons charge in Oregon and was sentenced in 2016 to time already served in federal custody in Portland for his role in a 41-day armed occupation of a wildlife refuge with more than two dozen people including Bundy sons Ryan and Ammon Bundy in January 2016.
The Nevada Supreme Court has issued a temporary stay in the case of Water Order #1293A, allowing the Nevada state engineer, for the moment, to continue requiring water rights relinquishments for all new domestic wells drilled in Pahrump.
The temporary stay comes as part of the appeal process, with the state engineer going to the Nevada Supreme Court after a district court judge ruled against the office in the lawsuit brought forward by Pahrump Fair Water.
However, it is only a temporary stay and it is possible that the Nevada Supreme Court could reverse that stay after considering the opposition provided by Pahrump Fair Water.
The hearing today was attended by many of the disenfranchised Nye County voters whose presence showed support for my lawsuit against the unlawful actions of the outgoing Nye County Board of County Commissioners in the process to replace Dennis Hof. However, it becomes a very expensive process to fight city hall (the county) and the court did not grant our petition for injunctive relief,” Goedhart said. “With an unlimited taxpayer-funded checkbook, Nye County clearly has the upper hand moving forward.”
Regardless of this, Goedhart said he plans to continue pressing his case. “In speaking with my legal team… the consensus was that… there are excellent grounds to continue the lawsuit. I have received hundreds of phone calls, texts, and emails from Nye County voters encouraging me to press on. After careful consideration, I have instructed my legal team to press forward in our pursuit of justice,” he stated.
The smear merchants of the Southern Poverty Law Center (SPLC) may have set out to destroy the wrong lawyer. PJ Media is reporting that last month, Glen Keith Allen, a Baltimore attorney, filed suit against the SPLC, alleging the left-wing hate group paid for stolen documents, violated confidentiality agreements, and caused him to be fired by the City of Baltimore over Allen’s former association with the National Alliance (NA), a white nationalist group.
Allen has admitted to his past support for the NA and now claims he deeply regrets that association.
Allen’s lawsuit basically accuses the SPLC of punishing “thought crime” through intimidation and character assassination. According to the complaint, the SPLC has chosen to “draw lines of political or cultural orthodoxy, develop massive surveillance networks and extensive dossiers and severely punish perceived transgressors who cross those lines, seem to cross them, or even seem to think about crossing them.
The federal government is preparing to appeal the dismissal of charges against Nevada rancher Cliven Bundy, his sons, and supporters for the 2014 armed standoff with Bureau of Land Management agents
LAS VEGAS— A Nevada state court judge today granted the Center for Biological Diversity’s motion to challenge a lawsuit filed by rancher Cliven Bundy, who wants to seize more than 58 million acres of publicly owned federal lands, including national parks and monuments. Having granted the Center “intervenor” status in the case, the court can soon consider the Center’s motion to dismiss Bundy’s case.
“Cliven Bundy’s futile, rambling case is based on discredited legal theories. It’s a waste of the court’s time and taxpayer money,” said Kierán Suckling, executive director of the Center. “Bundy already owes more than a million dollars in grazing fees after flouting the law for decades and trashing critical wildlife habitat. I’m pleased the court has allowed us to intervene in this case. Hopefully the next step will be to dismiss it.”
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.
Three years before the impoundment of Cliven Bundy’s cattle turned into an armed confrontation between anti-government groups and federal agents, the FBI made an assessment that the Nevada rancher personally was unlikely to be violent in the event of conflict. The agency suggested a novel solution to Bundy’s 20 years of unpaid bills, one designed to put the dispute to rest: drop the fines he owed altogether.
The FBI’s Behavioral Analysis Unit, based in Quantico, Va., determined in 2011 that the rancher was unlikely to comply with federal court orders to move his 900 animals off federal land, where they had been illegally grazing, because “he only has enough land to handle less than 100 head of cattle.” Though the Bureau of Land Management was concerned that allowing Bundy to avoid paying federal grazing fees and fines could lead to violence, the FBI thought otherwise.
“BLM may wish to consider waiving the existing fines, as a gesture of willingness to participate in discussions geared toward negotiations,” the FBI wrote in the classified analysis, obtained by The Washington Post. The unit concluded that any alternatives the government could offer Bundy might reduce the rancher’s stress and “in turn, reduce the risk of a violent act.”
Editor Note: I was contacted by the Buzzfeed author of this article earlier this week. We chose not to respond. I chose this because I did not see the confusion between the definitions of refugees and illegal immigrants to be enough to personally be concerned about. I did, however, make a public comment after it was brought to my personal attention that Ammon Bundy was actively soliciting financial support for Refugee families from his supporters via an online Google document.
I am a devoted supporter and friend of the Bundy Families and the Patriot Political Prisoners that came to their call for help as well as their families. The leaders and many of the followers are now free and trying to get their lives and finances back to some kind of normal.
#theOregon -> State police officer who fatally shot LaVoy Finicum outed by slip-up in court
For 2 1/2 years, Oregon State Police successfully concealed the names of the two SWAT officers who fatally shot Robert “LaVoy” Finicum as authorities arrested leaders of the armed takeover of Malheur National Wildlife Refuge.
But that ended this week when one of the names slipped out in court….
collection of updates about today’s happening in the Portland Federal Courthouse.
According to court testimony, among other perverted sexual behavior, Dees attempted to molest his 18-year-old step-daughter with a sex toy. Holly Buck was Maureene Dees’ daughter from a previous marriage.
“Holly testified that, in the summer of 1977, Morris attempted to molest her in the following incident: One night Maureene and Morris were sitting drinking wine and discussing a case Morris was trying,” the brief says. “[Holly] was with them. Around eleven or twelve o’clock, Maureene went to bed and Holly stayed up with Morris discussing the case. Morris kept offering Holly wine, some of which she accepted.”
Holly testified that she declined, choosing to go to bed instead.
“She went to her room and then went into the bathroom,” the document says. “Looking out the window, she saw Morris in the bushes beside the bathroom window looking in. She said ‘Morris, is that you’, but he said nothing and ran away.”
A federal judge Monday threw out two of the five charges against an FBI agent accused of covering up that he fired two rifle shots at the truck of Oregon refuge occupation spokesman Robert “LaVoy” Finicum at a roadblock in January 2016.
U.S. District Judge Robert E. Jones struck one count of making a false statement and one count of obstruction of justice against W. Joseph Astarita.
The agent still faces three charges a week before his trial is scheduled to start: two other counts of making a false statement and one other count of obstruction of justice.
The disputed gunshots came as Finicum emerged from his pickup as police moved in to arrest the leaders of the armed takeover of the Malheur National Wildlife Refuge in southeastern Oregon.
BURNS — Three-and-a-half hours after pardoned Oregon rancher Dwight Hammond Jr. arrived home, he gathered with his wife and sons around his dining room’s large circular table and got back to business.
They hooked him into a live feed of an auction in Nevada where Hammond Ranch Inc.’s 155 calves were on the block.
Hammond could have called in to participate in the annual sale but he held back, not wanting to jerk the reins from his daughter-in-law and others who have run the family’s cattle ranch while he and his son Steven served arson sentences in federal prison.
“We’ve had to trust them. No use to question their judgment now,” the 76-year-old said later, sitting in his living room, back in his trademark Wrangler jeans, brown cowboy boots and a blue button-down shirt that matched his eyes.