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.
Now, precisely where in the U.S. Constitution is Congress given the power to “maintain a distinct Federal interest in the integrity and character of professional and amateur sporting contests”?
But this is what a bill introduced this past week by Republican Sen. Orrin Hatch of Utah and Democratic Sen. Chuck Schumer of New York — dubbed the Sports Wagering Market Integrity Act of 2018 — the claim is grounds for imposing federal suzerainty over the eight states that currently allow sports wagering.
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
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.
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.
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.
Ryan Bundy, the son of controversial Mesquite-area rancher Cliven Bundy, plans to run for governor in 2018.
Bundy told The Nevada Independent in an interview on Thursday that he plans to file to run for governor as an independent on March 14, and will run on the same state sovereignty principles that made him and his family household names during a 2014 armed standoff with the federal government over unpaid grazing fees.
“The state of Nevada needs someone who will stand up for statehood, and recognize that Nevada is a sovereign state, not just a province of the U.S.,” he said.
Bundy, who was acquitted and released from an Oregon court in November following charges that stemmed from the takeover of the federally owned Malheur National Wildlife Refuge, said he didn’t believe any of the current candidates for governor would enforce Nevada’s “constitutional” right to all land and resources within the state.
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.”
Though the most recent trial of four defendants in the April 2014 standoff between armed protesters and Bureau of Land Management agents trying to confiscate Cliven Bundy’s cattle ended in a mistrial, the case will stand as a historic example of how sweeping secrecy can cast doubt on whether justice is being served.
This past week U.S. District Judge Gloria Navarro halted testimony in the trial and sent the jurors home while she heard arguments behind closed doors over whether the prosecution had failed to provide the defense with potentially exculpatory evidence quickly enough. The judge said the prosecution’s repeated failure to timely disclose information was “sufficient to undermine the confidence in the outcome of the trial,” which she said could result in a mistrial. This week she declared a mistrial.
Attorney Maggie McLetchie — representing the Las Vegas Review-Journal newspaper and Battle Born Media, which publishes weekly newspapers in Mesquite, Ely, Eureka, Sparks and Lincoln and Mineral counties — promptly filed a motion seeking to intervene, which was granted. The newspapers are asking that all documents previously filed under seal be unsealed and that future hearings be conducted in open court.
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.
Attorney General Jeff Sessions stepped into the Bundy prosecution after Wednesday’s mistrial, ordering a third-party examination of the case in light of the latest government snafu.
“The attorney general takes this issue very seriously and has personally directed that an expert in the [Justice Department’s] discovery obligations be deployed to examine the case and advise as to the next steps,” said Ian D. Prior, the department’s principal deputy director of public affairs, in a late Wednesday statement.
The decision to intervene came after Chief U.S. District Court Judge Gloria Navarro declared a mistrial over the government’s “willful failure to disclose information” to the defense, saying it would have been “impossible” for the four co-defendants to receive a fair trial.
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.
Two days after federal judge suggested the possibility of a mistrial in the Bunkerville standoff case, the Las Vegas Review-Journal and a group of Nevada newspapers asked to unseal trial documents discussed behind closed courtroom doors.
‘There is insufficient basis to maintain certain motions and transcripts under seal in this case and to continue to close hearings to the public,” the motion filed Wednesday evening states. “Sealing documents and closing hearings is inimical to this Country’s and this Court’s long tradition of open trials, guaranteed by both the First Amendment and common law — a right of access that is always important, but particularly critical in this case.”
Last week, Cliven Bundy’s lawyer, Bret Whipple, said his client turned down U.S. District Judge Gloria Navarro’s conditions of release because he believed he was innocent and would not accept restrictions on his freedom. He also said Cliven Bundy did not want others jailed in connection with the standoff.
Now that two more of his sons who were charged in the Bunkerville case have been let out of jail, and none of the standoff defendants awaiting trial remains behind bars, Whipple plans to discuss with his client the possibility of being with family for the holidays.
“I’m going to encourage him to allow me to help him,” Whipple said. “But at the end of the day, Cliven is a very principled man, and he follows his own principles, and I respect that.”
Interior Department Secretary Ryan Zinke on Tuesday recommended shrinking the boundaries of Gold Butte National Monument in a move that distressed conservationists, who have fought for years to protect the land near Mesquite. Zinke’s report came one day after the president slashed the size of two national monuments in Utah, a move that has already sparked a lawsuit.
Compared to the wholesale changes the president approved in Utah, any adjustments to Gold Butte are expected to be minor. But Zinke’s recommendations, although similar to a leaked draft in September, carry a symbolic weight for the area. They signal a major reversal of public lands policy that comes almost exactly one year after President Obama designated the nearly 300,000 acres that start about 10 miles from the site of the 2014 Bundy standoff.
“We will fight it in court,” Patrick Donnelly, Nevada state director at the Center for Biological Diversity wrote in an email. “And we will win.”
LAS VEGAS – The Bureau of Land Management requests public input for a Revised Draft Southern Nevada District Resource Management Plan/Environmental Impact Statement.
The BLM has determined that a Revised Draft RMP/EIS should be developed and an opportunity for public input is needed to gather additional information on the areas of renewable energy, Areas of Critical Environmental Concern, lands with wilderness characteristics, land tenure adjustments (land disposals), Gold Butte National Monument, and socio-economics.
Opportunity to provide input is offered from now until February 2, 2018. During this period, the BLM will conduct public meetings to present information and provide for the opportunity for public input. The Revised Draft RMP/EIS will incorporate substantive comments received from the initial Draft RMP/EIS and information received from the public input period and meetings.
“Tell me about this standoff.”
And with that, Nevada rancher Cliven Bundy found a biographer behind bars.
Bundy had invited a fellow inmate to sit down at a table with him. They chatted about farming, raising cattle, growing melons and grandchildren.
Soon, they were walking regular laps together around the inside of a large unit that housed 94 bunk beds between concrete cinderblock walls about 60 miles west of Las Vegas.
And when the time seemed right, inmate Michael Stickler broached the subject of why the Bundy patriarch was in custody at the Southern Nevada Detention Center in Pahrump.
Cliven Bundy, sons Ammon Bundy, and Ryan Bundy, and co-defendant Ryan Payne are accused of conspiring to block federal agents from enforcing court orders when the BLM tried to confiscate Cliven Bundy’s cattle. The cattle were on public land where the ranch had grazing and water rights since the late 1800’s. The government’s actions resulted in the deaths of approximately 100 head of cattle and the destruction of the Bundy’s livestock watering system built throughout the last century.
The four defendants have been incarcerated since January of 2016. They were each charged with 10 felonies. Each man could be sentenced to more than a hundred years in prison for their involvement while resisting the confiscation. The men are brought to court in shackles and each man has had a significant weight loss since their incarceration. All their motions for pretrial releases have been denied.
LAS VEGAS — A judge declined Thursday to release Nevada cattleman Cliven Bundy days before trial, concerned he still doesn’t recognize federal authority and has a large incentive to flee with at least 80 years in prison hanging over his head if convicted of four of his 16 charges.
U.S. District Judge Gloria M. Navarro also rejected release requests by Ryan Bundy and Ryan Payne and said she would make a decision later on Ammon Bundy.
Bret O. Whipple, the attorney representing the elder Bundy on charges in the 2014 standoff near Bunkerville, urged consideration for the patriarch’s age, his failing health and the reduced weight of evidence against him after unsuccessful conspiracy prosecutions against others in the case.
“He refers to himself as an old cow,” Whipple said, noting that the 71-year-old Bundy arrived in custody with 20 teeth and now has 10 to 15 teeth left because infections are treated by pulling teeth in jail and not with dental care.
“It’s been hard on him and his health has really deteriorated,” Whipple said.
Caution: Following the Bunkerville standoff trial proceedings can cause whiplash.
Today the federal judge again delayed the start of the trial for Cliven Bundy, his sons Ammon and Ryan, and self-styled militia member Ryan Payne. This time for a week. She agreed to hold hearings after Cliven Bundy’s attorney asked the charges be dropped because the prosecution had failed to reveal any recordings or notes taken off live surveillance video of the Bundy ranch during the April 2014 standoff. Ryan Bundy raised the question as to whether there was surveillance video several weeks ago.
“If it has potentially useful information, then the defense is entitled to it,” the judge is quoted by Reuters as saying. “I‘m not convinced that it doesn’t exist.”
The federal agents reportedly shredded documents after the standoff ended.
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.
A federal jury is set to begin hearing opening statements Tuesday in the trial of four defendants in the Bunkerville standoff.
There are six women and six men on the jury and there are four alternates, three men, and a woman.
The judge said the trial is expected to take four months. A number of potential jurors were dismissed because they could not take four months out of their lives to devote to the trial. How many people can or are willing to? Is it a jury of their peers?
On trial is rancher Cliven Bundy, 71, sons Ammon Bundy, 42, and Ryan Bundy, 45, and a self-styled militia member Ryan Payne, 34, who showed up to protest the confiscation of Bundy’s cattle by the BLM. They are charged with conspiracy, extortion and various firearm charges. They have all been jailed for going on two years.