PUBLIC LANDS: DOJ seeks dismissal of Bundy ‘malicious prosecution’ suit

The Justice Department yesterday moved to dismiss the “malicious prosecution” lawsuit filed by Nevada rancher Ryan Bundy and refuted claims that federal officials violated Bundy’s constitutional rights during a 2014 armed standoff with Bureau of Land Management agents near Bunkerville, Nev.Bundy, who is represented by attorney Larry Klayman, filed a lawsuit last year against former Attorneys General Jeff Sessions, Loretta Lynch and Eric Holder as well as former BLM Director Neil Kornze and former FBI Director James Comey.

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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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Learning From The Hammond’s Federal Lands Saga | Agweb.com

Dwight and Steven Hammonds are back on the ranch, after a long and lengthy battle over grazing rights and property management. But even after a pardon and release from prison, the journey back to reinstating their grazing permits has just begun.

Ethan Lane, executive director of the Public Lands Council talked with host Chip Flory about the saga on AgriTalk during the 2019 Cattle Industry and NCBA Tradeshow.

The Hammonds were back-burning on private property, a normal ranching method to lower wildfire risk and control timber encroachment, when some federal lands caught on fire.

“That’s an important part of this,” Lane said. “It was a normal farming and ranching practice.”

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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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Justice Department seeks to appeal stinging defeat against Cliven Bundy in Nevada standoff case – Washington Times

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.

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Solicitor general still undecided on new trial for Bundy

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.”

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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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In his first wide-ranging interview, Dwight Hammond Jr, shares his thoughts

BURNS — Three-and-a-half hours after pardoned Oregon rancher Dwight Hammond Jr. arrived home, he gathered with his wife and sons around his dining room’s large circular table and got back to business.

They hooked him into a live feed of an auction in Nevada where Hammond Ranch Inc.’s 155 calves were on the block.

Hammond could have called in to participate in the annual sale but he held back, not wanting to jerk the reins from his daughter-in-law and others who have run the family’s cattle ranch while he and his son Steven served arson sentences in federal prison.

“We’ve had to trust them. No use to question their judgment now,” the 76-year-old said later, sitting in his living room, back in his trademark Wrangler jeans, brown cowboy boots and a blue button-down shirt that matched his eyes.

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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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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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Wrongful Death Civil Suit Filed on the The Second Anniversary of Lavoy Finicum’s Murder in Oregon

Today,  Attorney Morgan Philpot, representing Jeanette Finicum, widow of Lavoy Finicum Shot and Killed at blind curve roadblock by Oregon State Police and FBI agents on January 26th, 2016, filed the attached Civil Demand for a Jury Trial in Oregon Federal District Court.

Lavoy was driving his truck with passengers Ryan Bundy, Shawna Cox, Victoria Sharp and Ryan Payne, to a meeting with Sherrif Glenn Palmer in John Day.  The murder and arrests marked the beginning of the end to the Malheur Wildlife Refuge in Harney County Oregon.

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Ryan Bundy’s new bargaining chip: his shoulder shrapnel

A half-inch piece of metal lodged in the shoulder of Oregon refuge occupier Ryan Bundy could become central to the federal government’s prosecution of an FBI agent accused of lying about firing two shots as police tried to arrest the 2016 takeover’s leaders.

When Bundy was arrested along U.S. 395, emergency medics found him bleeding and wrapped his wound in a dressing.

He was taken to Harney District Hospital, where an X-ray revealed a metal fragment next to his right shoulder bone, presumably from a gunshot.

“There’s a bullet in there,” Ryan Bundy told The Oregonian/OregonLive. “I can see what it is. It’s shaped like a bullet.”

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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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BLM investigator alleges misconduct by feds in Bundy ranch standoff

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.

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Judge releases 4 more Bunkerville standoff defendants

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.”

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Bundy Trial – The Prosecution Opens It’s Case

The Bundy trial continues into its next phase in Las Vegas, Nevada. Cliven Bundy, with sons Ryan and Ammon, and their co-defendant Ryan Payne, face felony charges that could result in over 100 years in prison for each.

Directly after opening statements, the prosecution “opened” its case against the Bundy’s and Payne. The prosecution will be in charge of much of the narrative in the next month or two until they “rest” their case. They will be calling the witnesses who are most favorable to the governments theory; usually government employees of the BLM, FBI and other law enforcement agencies. The defendants will be allowed to cross-examine the governments witnesses. The Bundy’s and Payne will have their turn to “open” their case after the government has “rested” theirs.

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Cliven Bundy Sues DOJ and FBI Over Prosecutorial Abuse!

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.

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Cliven Bundy to Remain in Jail – Bunkerville Standoff

The third Bunkerville Standoff Trail in Las Vegas has been delayed for several motions to be resolved before opening arguments.

Thursday saw a pre-trial detention release hearing for the four defendants, Cliven Bundy, his two sons Ryan and Ammon, as well as defendant Ryan Payne.

Bret Whipple, attorney for Cliven Bundy, argued for release of his client citing his age and failing health. The elder Bundy has noticeably weakened since his incarceration nearly two years ago.

Whipple told the court of Bundy’s dental problems, noting that the 71-year-old has had to pull several of his own teeth in his attempts to stop infections. Dental care is minimal in the CCA detention center.

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Trial of the Century – Summarizing the Week

     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.

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Judge denies release for Cliven Bundy amid courtroom outburst

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.

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Prosecutors ordered to share reports on any camera, armed officers’ surveillance outside Bundy ranch

LAS VEGAS — Prosecutors in the Bundy trial must provide information by noon Saturday on all armed federal officers who did surveillance outside the Bundy ranch and any cameras capturing images of the Bundy home between March 1 and April 12, 2014, a judge ordered Wednesday.

The information must be turned over to the defense.

It could help Cliven Bundy, sons Ammon Bundy and Ryan Bundy and co-defendant Ryan Payne challenge the allegation that they used “deceit and deception” to encourage supporters to come to the ranch by saying the house was surrounded, federal snipers were outside the home and the family felt isolated.

Defense lawyers said they learned for the first time on Tuesday of two federal officers dressed in camouflage and armed with AR-15 rifles posted outside the Bundy residence at night.

That information was contained in a written report that they received from the U.S. Attorney’s Office in preparation for Wednesday’s hearing on disputed discovery evidence.

“Wouldn’t it be important for the defense to know FBI agents are overlooking the Bundy residence with an AR-15?” asked Brenda Weksler, one of Payne’s defense lawyers. “How do we not have this until yesterday?”

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Thomas Mitchell: Head spinning developments in the so-far ‘non-trial’ of Bunkerville defendants

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.

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