PUBLIC LANDS: Cliven Bundy to appeal lawsuit judge calls ‘delusional’ 

In an eight-page ruling (See Below), Nevada state Judge Jim Crockett rejected Bundy’s assertion that only individual states — rather than the U.S. government — can own public lands.”It is simply delusional to maintain that all public land within the boundaries of Nevada belongs to the State of Nevada,” Crockett wrote in the decision dated April 1 and published yesterday.

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Reporters Committee secures FOIA win in case to uncover details on FBI impersonation of documentary filmmakers

The U.S. District Court for the District of Columbia has ruled the Federal Bureau of Investigation must search for and produce records related to the agency’s impersonation of documentary filmmakers during investigations in response to a request from the Reporters Committee for Freedom of the Press for more information about the practice.

After learning the FBI impersonated a documentary film crew to investigate Nevada rancher Cliven Bundy and his followers following a 2014 armed standoff between Bundy and the U.S. Bureau of Land Management, the Reporters Committee requested access to records related to this practice under the Freedom of Information Act. The FBI issued what’s known as a Glomar response, refusing to confirm or deny the existence of records responsive to the Reporters Committee’s request. The Reporters Committee challenged that response, arguing that it was improper, and the D.C. District Court agreed.

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Editorial: National Popular Vote bill would dilute Nevada voting power « 4TH ST8

Democratic lawmakers in Carson City are at it again, bound and determined to give your presidential ballots to the voters of California and New York.

Two years ago — after Donald Trump won the Electoral College vote by 304 to 227, though Hillary Clinton won the popular vote by 2.9 million individual votes — a bill was introduced that would have had Nevada join in something called the “Agreement Among the States to Elect the President by National Popular Vote.”

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Why a Republic and How do we Keep it? 

It was not easy for them to agree on the best form of government for the newly liberated nation.  They did much research, analysis, and debate to come to the final definition of our Constitutional Republic.

A large portion of the consideration was to the understanding of the failures of other efforts both currently and in history, and how those failures would be prevented.

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As California loses people, a Las Vegas suburb grows

HENDERSON, Nev.—For Karina Nasir, leaving California for this booming Las Vegas suburb was the chance to escape commutes up to three hours. For Bill Clune, it is saving nearly $5,000 a year on his water bill. For John Falkenthal, the opportunity to have some money left over every month after paying his mortgage.“I never even considered leaving Southern California, but it took me every dime I had to buy a home there,” said the 54-year-old Mr. Falkenthal, a software engineer who moved to Henderson from San Diego last October.

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Legal battle brewing between Pete Santilli and conservative lawyer Larry Klayman

Pete Santilli, the conservative Internet talk show host who pleaded guilty to conspiracy stemming from the 2014 Bunkerville standoff in Nevada after charges were dismissed against him in the occupation of the Malheur National Wildlife Refuge, is in a legal battle with conservative lawyer Larry Klayman, who now represents Cliven Bundy.

In January, Santilli filed a bar complaint against Klayman, claiming Klayman collected donations for more than a year while Santilli and co-defendants were in custody in Nevada, promising to challenge their detention but never did.

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Nevada files appeal of plutonium ruling | PVT

CARSON CITY — Nevada is appealing a federal judge’s ruling to allow the future transfer of nuclear material from South Carolina to a federal site in Nye County.

The state filed a request for a preliminary injunction to stop the Department of Energy from shipping a metric-ton of weapons grade plutonium from South Carolina into the state in November, but a judge last week denied that injunction.

On the day of the judge’s ruling, the Energy Department disclosed that it had delivered half a metric ton of the material, which is used as the core material in nuclear weapons, into the state before the initial lawsuit was filed.

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Newspaper column: Nevada still has a role to play in nuclear deterrence | 4TH ST8

After learning this past week that the Department of Energy had secretly shipped a thousand pounds of weapons-grade plutonium to the Nevada National Security Site in Nye County before the state had filed a federal lawsuit in November seeking to block such shipments, Democratic Gov. Steve Sisolak and the state’s entire Democratic delegation to D.C. flew into paroxysms of apoplexy, accusing the Trump administration of deception and dealing unfairly with the state.

Sisolak put out a statement declaring, “I am beyond outraged by this completely unacceptable deception from the U.S. Department of Energy. The Department led the State of Nevada to believe that they were engaging in good-faith negotiations with us regarding a potential shipment of weapons-grade plutonium, only to reveal that those negotiations were a sham all along. They lied to the State of Nevada, misled a federal court, and jeopardized the safety of Nevada’s families and environment.”

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Editorial | Bundy prosecutors keep flogging a false scenario « 4TH ST8

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.

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Justice Department files 88-page appeal to reverse stinging defeat against Bundy clan in Nevada standoff – Washington Times

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.

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#BREAKING Weapons-grade plutonium secretly sent to facility north of Las Vegas | LVRJ

WASHINGTON — Weapons-grade plutonium was sent to a federal facility north of Las Vegas from South Carolina in November, before the Silver State filed a federal lawsuit to stop the shipment of the bomb-making material, the general counsel for the National Nuclear Security Administration disclosed in a court filing Wednesday.

The revelation drew a quick rebuke from Gov. Steve Sisolak who said he was “beyond outraged” at the deception of the U.S. Department of Energy.

“They lied to the State of Nevada, misled a federal court, and jeopardized the safety of Nevada’s families and environment,” Sisolak said in a statement.

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Brian “Booda” Cavalier, 47, of Mesa, Arizona, was told he won’t serve any more time

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.

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Column: Federal sports betting bill usurps state powers « 4TH ST8

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.

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Lawyer asks government if it will continue ‘gross injustice’ against Bundys

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

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Report: FBI suggested waiving fees for Cliven Bundy before ranch standoff, did not consider him a threat – The Washington Post

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.”

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Ammon Bundy Leaves Militia Movement After Criticizing Trump On Immigration Policy

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.

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Calling to the Jurors in the Bunkerville Standoff Trial to view the hidden evidence in the case

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.

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The Botched Cliven Bundy Case Was Just The Latest Example Of Prosecutorial Misconduct In Las Vegas

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.

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Embattled federal prosecutor Steven Myhre in Nevada takes a step down

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.

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Son of controversial Nevada rancher Cliven Bundy announces run for governor

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.

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Recently freed rancher Cliven Bundy sues Nevada, Clark County

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.”

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Editorial – Thomas Mitchell : Bundy case secrecy being rightfully challenged

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.

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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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AG Sessions orders examination of Bundy case after mistrial over prosecution bungling

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.

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