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.
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.”
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.
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.
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.
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.
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.”
RENO, Nev. (AP) — The U.S. Forest Service has built a new corral for wild horses in Northern California, which could allow it to bypass federal restrictions and sell the animals for slaughter.
The agency acknowledged in court filings in a potentially precedent-setting legal battle that it built the pen for mustangs gathered in the fall on national forest land along the California-Nevada border because of restrictions on such sales at other federal holding facilities.
The agency denies claims by horse advocates it has made up its mind to sell the more than 250 horses for slaughter. But it also says it may have no choice because of the high cost of housing the animals and continued ecological impacts it claims overpopulated herds are having on federal rangeland.
After issuing a temporary postponement earlier this month, the Nevada Supreme Court has now ordered that the district court ruling reversing Nevada State Engineer Order #1293A be stayed until the appeal filed by the engineer’s office has made its way through the system and a final determination is made.
“Appellant state engineer filed an emergency motion to stay the district court’s order pending appeal and we entered a temporary stay pending receipt and consideration of any opposition, which respondents (Pahrump Fair Water) have now filed. Having considered appellant’s motion and supporting documents, respondents’ opposition and appellants’ reply under the NRAP8 (Nevada Rules of Appellate Procedure) factors, we conclude that the balance of harms weighs in favor of a stay,” the filing, signed off by Supreme Court Justices Jim Hardesty, Lidia Stiglich and Abbi Silver, states. “Accordingly, we grant appellant’s motion and stay enforcement of the district court’s Dec. 6 order granting judicial review and reversing state engineer Order #1293A, pending further order of this court.”
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 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 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
Carson City – The Bureau of Land Management (BLM) has approved the Bently Land Acquisition Project of nearly 15,000 acres of environmentally important lands owned by Bently Family Limited Partnership. The roughly 50 disparate parcels are in-holding lands in the BLM managed Pine Nut Mountains of Douglas, Carson, and Lyon Counties. The properties are located within a central 20-mile section of the Pine Nut Mountains, which run north-south for some 40 miles. To learn more about this pending land transfer, we spoke with Victoria Wilkins, acting field manager for the Sierra Front Field Office of the BLM in Carson City …
RENO, Nev. (News 4 & Fox 11) — The Bureau of Land Management (BLM) today announced that Jon Raby, a veteran BLM land manager and leader, has been named State Director in Nevada.
Raby will report to the BLM Nevada State Office in Reno in early January 2019.
Raby, who is currently serving as the Acting Montana/Dakotas State Director will lead the management of 48 million acres of public land in Nevada and 59 million acres of Federal mineral resources.
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.
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.
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.
When news broke that Hof had won the nominating contest for a state Assembly seat on June 12, evangelical pastor Victor Fuentes said he closed his eyes and prayed.
He did not ask God to deliver Nevada and the Republican Party from Hof, the thrice-divorced author of “The Art of the Pimp” who campaigned as the “Trump of Pahrump.” Although Christian groups have long rallied against the state’s legal brothel industry, Fuentes was willing to overlook Hof’s history as a champion of the flesh trade and gave thanks for his victory.
“People want to know how an evangelical can support a self-proclaimed pimp,” Fuentes said in an interview at his home in Pahrump, an unincorporated town of 36,000 people that is the largest community in the sprawling, rural district where Hof is favored to win in November’s general election.
He said the reason was simple. “We have politicians, they might speak good words, not sleep with prostitutes, be a good neighbor. But by their decisions, they have evil in their heart. Dennis Hof is not like that.”
Recently the Wall Street Journal carried a front-page feature by Jim Carlton highlighting my family, the Hages. It attempted to cover the plight of western ranchers and our 40-year David-and-Goliath struggle to prevent the federal government from taking our ranch without just compensation through government threats, intimidation, prosecution, and abuse of discretion.
Pine Creek Ranch is now in foreclosure. We have won enormous landmark victories for western ranchers in multiple bench trials, including a $14 million judgment against the U.S. Forest Service (USFS) and the Bureau of Land Management (BLM), and – in a separate court – a ruling that the government had engaged in a conspiracy beginning in the 1970s to take our vested water rights and grazing preferences. However, on appeal, the federal courts twisted themselves into a legal pretzel to rule in favor of the government, finally taking our ranch judicially.
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.
Environmentalists have filed suit against federal regulators over protections for eight rivers in California, including one that originates in Nevada, the Amargosa River.
Congress designated portions of the Amargosa and seven other rivers as wild and scenic in 2009, but the U.S. Forest Service and the Bureau of Land Management never completed comprehensive management plans for them as required by law, according to the Center for Biological Diversity.
The Tucson, Arizona-based group sued the two agencies in U.S. District Court in Los Angeles late last month, arguing that the Wild and Scenic Rivers Act required the development of management plans for the rivers within three years of their designation.