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.
Las Vegas – Just before the court deadline at 11:03 PM MST on September 28, 2017 Ammon Bundy defense attorney Morgan Philpot filed a formal request for jury instructions in the upcoming criminal trial scheduled to begin Tuesday, October 10 of Bundy. The filing included a request and supporting legal authority that the jury should be instructed that:
“Defendants’ rights to possess and carry firearms are not on trial. Under the Second Amendment to the United States Constitution, a person has the right “to keep and bear arms,” that is to own, to possess, and to carry firearms, including for the purposes of participating in a citizen militia. Thus, [a] defendant’s possession and use of a firearm and participation in, or association with, militia activity for the purpose of resisting tyranny and usurpations of power by the federal government is protected by the Second Amendment unless that defendant intended his actions to constitute a deliberate act of force, threat or intimidation against an officer of the United States in furtherance of the alleged conspiracy charged in Count two.
BURNS, Ore. — A year ago, this corner of rural Oregon became center stage in the drawn-out drama over public lands when armed militia leaders seized a national wildlife refuge, arguing that the government had too much control of land in the West.
Now that President Trump is in office, people here and in other parts of the 11 states where 47 percent of the landmass is publicly owned are watching to see what he will do on everything related to public lands, from coal mining and cattle grazing to national monuments and parks. In Burns, some ranchers and others are feeling emboldened, hopeful that regulatory rollbacks by the federal government will return lands to private use and shore up a long-struggling economy.
But the change in administration has also spawned a countermovement of conservatives and corporate executives who are speaking up alongside environmentalists in defense of public lands and now worry about losing access to hunting grounds and customers who prize national parks and wildlife.