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.
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.”
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.”
The Center for Biological Diversity is asking a judge in Nevada to dismiss Cliven Bundy’s latest lawsuit seeking state control of federal land, arguing his claims lack merit and have been rejected numerous times already.
The center on Thursday filed a request to dismiss Bundy’s lawsuit and a motion to intervene in the case in Clark County District Court in Las Vegas. The center is a nonprofit environmental organization that cites protecting endangered species and their habitats as its mission.
Lifelong Southern Nevada rancher Cliven Bundy, recently cleared of federal charges and freed from jail after nearly two years, has turned his sights on state and county government.
In a lawsuit filed Thursday in Clark County District Court, Bundy claimed that former President Barack Obama’s late 2016 establishment of the Gold Butte National Monument, which occurred while the rancher was in federal custody, was “as illegal as it is unlawful” and would preclude him from continuing to function on his land “and destroy the petitioner’s livelihood.”
Bureau of Land Management officials in Las Vegas postponed discussion of the monument at its meetings this month until the Trump administration decides on possible changes to the Obama-era land designation.
“Recognizing that the land is not owned by the United States of America, (Bundy) has avoided erroneously giving money to an entity which does not actually own the land and has been careful not to give money erroneously to a stranger to the land,” according to the rancher’s lawsuit. “Thus, there is an actual, significant legal controversy of great consequence not only to petitioner in terms of as to whom has ownership and jurisdiction of the land but to People of Nevada and Clark county, the rightful owners of Nevada land.”
This week perhaps the biggest victory in the history of government prosecution and legal criminal defense was realized in a federal court in Las Vegas, Nevada. There, after Cliven Bundy and his sons, Ryan and Ammon, had been wrongfully charged by Obama deep state Justice Department prosecutors for conspiring to threaten federal law enforcement at gun point when Bureau of Land Management (BLM) agents, with the support of Federal Bureau of Investigation special agents, stormed the Bundy Ranch at Bunkerville, threatened the lives of the Bundys, violently assaulted family members when they would not relinquish their cattle and then, for “good measure,” killed tens of male cattle (aka bulls) used to procreate the herd and buried them in a secret mass grave, the federal judge who presided of the trial dismissed the government’s indictment with prejudice based on flagrant and outrageous prosecutorial misconduct.
Prosecutors shared it last week with defense lawyers for Bundy, his two sons and co-defendant Ryan Payne as they were in the midst of their conspiracy trial, but it’s not part of the public court record.
The memo prompted Cliven Bundy’s lawyer to file a motion early Monday to dismiss the case, already in disarray over concerns raised previously about the government’s failure to promptly share evidence with the defense.
The judge sent the jury home for more than a week as she tries to sort out the claims and prosecutors scramble to save their case.
The memo comes from Larry Wooten, who had been the lead case agent and investigator for the U.S. Bureau of Land Management after the tense confrontation outside the patriarch’s ranch near Bunkerville. Wooten also testified before a federal grand jury that returned indictments against the Bundys. He said he was removed from the investigation last February after he complained to the U.S. Attorney’s Office in Nevada.
Complaint Meant to Force AG Sessions To Review and Dismiss Charges
(Washington, D.C., November 10, 2017). Today, Larry Klayman, the founder of both Judicial Watch and now Freedom Watch, announced a lawsuit filed in his private capacity on behalf of Cliven Bundy, the Nevada rancher who stood up to government tyranny under the Obama administration. The lawsuit was filed in the U.S. District Court for the District of Columbia (Case No. 1:17-cv-02429) against Attorney General Jeff Sessions and FBI Director Christopher Wray in their official capacities, the Department of Justice’s (DOJ) Office of Professional Responsibility (OPR) and the Inspector General (IG) over their failure to conduct an investigation into the bad faith and gross prosecutorial abuse by federal prosecutors and the destruction and hiding of material exculpatory evidence by the DOJ, FBI and Bureau of Land Management (BLM) in the ongoing criminal prosecution.
In the years, months and days before the signing of the Declaration of Independence in my native city of Philadelphia, on July 4, 1776, King George III, having issued one unjust if not illegal edict after another, having unfairly prosecuted a number of key American colonialists, having severely taxed the people and having attempted to seize the firearms of citizenry so they could not rise up and challenge his will, invidiously took the criminal justice system back to the Court of King James, depriving the colonies of their own justice system. These were among the primary reasons our Founding Father’s and their colonies broke from the Crown, waged war to reassert their hoped for freedoms and conceived of and created a new nation.
Thomas Jefferson, perhaps our greatest Founding Father and president, predicted at the time that Americans would periodically have to renew their freedoms and wage periodic revolutions, even spilling blood if necessary. He and his colleagues knew that the tendency of mankind is to fall back to the despotic and corrupt ways of the British monarchy, and thus there needed to be constant vigilance and sacrifice in the future to preserve their God-inspired vision.
I have seen it many times before. An FBI or law-enforcement informant, or some other “politically sensitive person,” commits a crime, and federal, state or local government authorities cover it up. This is the likely scenario in the wake of the Oct. 1, 2017, massacre in Las Vegas, perpetrated by an alleged mysterious man named Stephen Paddock. Let me give you just a few analogous examples.
First there is the famous case of Whitey Bulger, an Italian Mafia crime boss who was responsible for the deaths of many. Here briefly is how his Wikipedia describes his history as an FBI informant:
Larry Klayman shares news in battle over land seized illegally by U.S. government. Events important for preserving America’s Constitution will be soon unfolding. Nevada rancher Cliven D. Bundy’s federal trial will finally begin in Las Vegas, Nevada, for a 2014 peaceful protest in support of the Constitution some incorrectly called “The Battle of Bunkerville.”
In fact, there was no battle from the standpoint of the peaceful protesters. Rather, it was the federal government – then run by former President Barack Obama – that threatened the Bundy family’s lives, beat the heck out of the sister of Cliven Bundy, Tasered his two sons, violently kicked the family dog and killed many of their cattle, burying them in a mass secret grave.