Federal prosecutors have been waiting 16 months for an appeals court to decide whether to resurrect the criminal case against Cliven Bundy and several co-defendants.
The U.S. 9th Circuit Court of Appeals has scheduled oral arguments sought by prosecutors in the high-profile case for March.
In a stunning decision on Jan, 8, 2018, U.S. District Judge Gloria Navarro tossed out the criminal charges in the middle of the trial because of what she called “flagrant” misconduct by prosecutors.
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.
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.
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.”
Ammon Bundy has called to the jurors of the Bunkerville Trial to view the hidden evidence in the case.
It has been well documented that the prosecution team, led by Steven Myhre, kept vital information from the jurors, as well as Judge Navarro.
Navarro, in December 2017, declared a mistrial in the case against Cliven Bundy, Ryan Bundy, Ammon Bundy and Ryan Payne. She specifically cited several instances of “Brady violations” from the prosecution, evidence that was not turned over to the defense which could have benefited their case.
An example of the hidden information is the knowledge of government snipers overlooking the Bundy house during the days and weeks leading up to the Bunkerville standoff in 2014.
Larry Wooten wrote that misconduct by now-fired Special Agent in Charge Dan Love and other supervisors caused “considerable disruption in our workplace, was discriminatory, harassing and showed clear prejudice against the defendants, their supporters and Mormons.”
Wooten’s memo went on to describe how he heard repeatedly that Love had a “Kill Book,” as a trophy and “in essence bragged about getting three individuals in Utah to commit suicide (see Operation Cerberus Action out of Blanding, Utah and the death of Dr. (James) Redd).”
Lee points to the 2009 Blanding raid involving Redd — who killed himself — as an example of BLM law enforcement gone amok, with multiple pre-dawn raids served at gunpoint.
“What happened in Blanding is a symptom of the underlying problem,” he said.
The so-called “Kill Book,” he added, is “abhorrent. This is the kind of thing that could have or would have been addressed more quickly with a state or local law enforcement agency.”
Lee said local law enforcement can carry out the same functions of BLM and the Forest Service and are more accountable to local residents.
The Bureau of Land Management revealed today it is contemplating an overhaul of its law enforcement program — from the location of its headquarters to whether rangers should wear visible flak jackets.
Deputy Director Brian Steed discussed the pending modifications in testimony before the Senate Energy and Natural Resources Subcommittee on Public Lands, Forests and Mining.
“We’re quite active right now in reviewing all policies regarding our law enforcement,” Steed told Utah Sen. Mike Lee (R). An outspoken critic of BLM law enforcement, Lee has endorsed dissolving the agency’s police force and instead relying on local officers or FBI agents.
Steed provided few details about the potential reorganization — which comes as Interior Secretary Ryan Zinke is contemplating a broader overhaul of the entire department, as well as a potential relocation of BLM headquarters to a Western state.
Steed testified that BLM officials are evaluating whether the agency’s law enforcement “should be restructured to better fit organizational needs.”
“We absolutely are trying to increase our accountability to the American people by having the right personnel at the helms. We’re absolutely trying to change policy to make sure that we’re as accountable and responsive and as good at our job as possible,” Steed said at the hearing.
He noted that BLM has directed its officers to focus on “casework with direct ties to public lands,” including cross-border smuggling activities and the theft of mineral materials and historical objects.
DISMISSAL IS CONSIDERED an extreme remedy for prosecutor misconduct. Judges often declare a mistrial but let the indictments stand, thus allowing prosecutors the option of taking the case before another grand jury.
As Myhre noted in his brief, the Chapman case seems to be the only ruling in which the 9th Circuit has ever upheld outright dismissal of indictments due to prosecutorial misconduct. And Navarro found plenty of similarities when comparing Damm’s misconduct in Chapman to Myhre’s actions in the Bundy trial.
As in Chapman, Myhre and his office failed to turn over hundreds of pages of evidence, particularly FBI reports, logs, maps, and threat assessments, Navarro found. And, like Damm, Myhre and his office made “several misrepresentations” to the defense and the court, both about the existence of certain evidence and its importance, she ruled.
In one instance, Navarro said, the prosecution made “a deliberate attempt to mislead and to obscure the truth.” At the mistrial hearing in December, she criticized Myhre for calling an internal affairs report about one of the Bundy investigators an “urban legend.” When the report surfaced, Myhre told the court his “urban legend” comment was “based on the government’s inability to verify its existence, let alone find it,” and not an attempt to deceive.
After a stormy year, the long tenure of Steven Myhre as the No. 2 prosecutor in the Nevada U.S. attorney’s office has ended under secrecy.
Within the past month, Myhre left his job as first assistant to Interim U.S. Attorney Dayle Elieson and took on new duties in the office as a senior litigation counsel, several former federal prosecutors who have spoken with office members told the Las Vegas Review-Journal.
His new position comes with no supervisory responsibilities, but allows him to mentor and train younger attorneys, according to a Justice Department manual.
Last May, Myhre, who spent about 15 years as first assistant in the office, was ordered to undergo anti-sex discrimination training as a result of a federal case filed by a female prosecutor during the tenure of former U.S. Attorney Greg Brower in 2008 and 2009.
Chris Kortlander, who last year made headlines by detailing the terrible human costs, including many suicides, resulting from the actions of aggressive and unaccountable Bureau of Land Management (BLM) agents, has written a book about his own harrowing experiences with the agency. Arrow to the Heart first recounts several controversial BLM debacles which occurred during the Obama years, including the Bundy Ranch and Gibson Guitar raids, and the deadly Utah sting, Operation Cerberus, which led to the suicide deaths of several men in the Four Corners region. Kortlander also takes readers back thirteen years, to the BLM raid of the Custer Battlefield Museum, which he founded, and the abuses and lies that nearly destroyed his life. But more than just an expose’ of historical federal abuses, Kortlander also explores the dark corners of corrupt Deep State machinations.
“Woody initially hired Special Agent Dan Love sometime in 2005. Even though Love was an inexperienced field agent Woody hand-picked and assigned Love as the lead case agent on the joint undercover investigation (code-named Cerberus Action) conducted by the Bureau of Land Management and the FBI.”
William C. Woody is a long-time employee of the Department of Interior (DOI) and during President Obama’s first term was Director of Law Enforcement for the Bureau of Land Management (BLM). Woody headed up that division during the execution of Operation Cerberus Action, the 2009 federal sting that led to the deaths of 4 men in the Four Corners region. Two years following the deadly debacle, Woody was moved to the U.S. Department of Fish & Wildlife, where he also served as head of law enforcement. But interestingly, during the much-touted ‘reorganization’ of the Interior Department and its agencies, in April of 2017, Woody was reassigned to again take over law enforcement operations at the BLM.
A string of exercises in federal overreach all but destroyed westerners’ trust in the BLM. But Dan Love, the BLM SAC behind Operation Cerberus, the Bundy Ranch raid, and whose name is connected with numerous other crimes and debacles, became the face of government at its worst.
The #GoogleDanLove social media hashtag was not invented by Twitter or Facebook, it was created by Americans familiar with the extreme and sometimes lethal actions of the Bureau of Land Management (BLM), who felt compelled to make the truth known about the agency’s abusive and dangerous Special Agent in Charge (SAC), Dan Love. A string of exercises in federal overreach, such as the prosecution of the Dwight and Steven Hammond on terrorism charges; Operation Cerberus, which lead to the deaths of several men in the Four Corners region; the burning of ranches and cattle in Oregon, the failed Bundy Ranch raid, and the confrontation outside of John Day, Oregon that ended in the murder of Arizona rancher, LaVoy Finicum, all but destroyed westerners’ trust in the BLM. But Dan Love, the BLM SAC behind Operation Cerberus, the Bundy Ranch raid, and whose name is connected with numerous other crimes and debacles, became the face of government at its worst. And now, when you Google Dan Love, you will see his career at the BLM–which ended only last year after public outcry and stinging embarrassment to the agency–summarized in a list of scandals and wanton acts of degeneracy.
Federal Judge, Gloria Navarro’s dismissal of the Bundy Ranch trial last December was attributed in large part to explosive revelations of misconduct, and ethical and legal violations in a letter written by Bureau of Land Management (BLM) agent Larry ‘Clint’ Wooten, to Deputy Attorney General Andrew D. Goldsmith, the National Criminal Discovery Coordinator. The descriptions of unprofessionalism, sexism, and conspiratorial motives in the letter were so shocking that they tanked the federal prosecution’s case. The 18-page letter also contains damning accounts of unconscionable behavior and acts perpetrated by BLM Special Agent in Charge (SAC), Dan Love, which have been largely overlooked by media.