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.
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.
Patriot Prayer founder Joey Gibson wants to defeat the so-called antifa movement so badly that he’s willing to take a punch or even a beating, and he wants others on the right to do the same.
Mr. Gibson implored his backers to remain peaceful and not hit back when and if they’re attacked by antifa, or anti-fascists, at the Peaceful Portland Freedom March and Texas Donation Drive, scheduled for Sept. 10 in the heart of liberal Oregon.
“It takes courage to take a beating, to take a beating and to not respond in hatred, but to respond in love,” Mr. Gibson said Friday on Facebook Live. “This is how we will win over Portland. This is how people will turn on antifa, and we will finally have a right, a privilege to march in Portland, or any of these areas, once the left and the media begin to call them out.”
The Reporters Committee for Freedom of the Press filed a lawsuit Monday against the Justice Department and FBI in an effort to pry loose documents related to the FBI’s prior impersonation of documentary filmmakers.
The FBI has admitted to sending undercover agents to Nevada in 2014 to act as a film crew and interview supporters of rancher Cliven Bundy amid an armed standoff with the federal government.
Footage shot for the fake documentary was later used by the government during criminal trials of some of those involved in the standoff.
The reporter’s committee sought through Freedom of Information Act requests to obtain FBI records regarding the bogus film crew as well as any records on the bureau’s use of the tactic dating back to 2010. The lawsuit filed Monday in U.S. District Court for the District of Columbia comes after the committee said the FBI has failed to act on the FOIA requests.