U.S. District Judge Anna J. Brown shouldn’t preside over the trial of defendants facing misdemeanor charges in the takeover of the Malheur National Wildlife Refuge because she met privately with jurors who acquitted Ammon Bundy after the first Oregon standoff trial last fall, one of the defendants argues in amotion filed late Wednesday.
“The Court not only answered questions the jurors had, but also discussed the merits of the case with specific reference to potential misdemeanor offenses that could have been used by the government, including trespass and the perceived inadequacy of a sentence to the government” if it had pursued such a charge, Duane Ehmer’s lawyer, Michele Kohler, wrote in a motion to recuse the judge.
I have been so busy writing about the goings on in Oregon that I haven’t had much opportunity to consider the situation in Nevada. As I have told those that I been working with regarding the Group 1 trial in Oregon, who have all started concentrating their efforts in Nevada. I told those who I had been working with in Oregon, “You all get to work down where it is warm and sunny, while I’m still stuck up here where there is snow on the ground, and it is cold.” Seriously, however, I am in Northern California, about halfway between the two. But, I was spending my time primarily on the Oregon, Ammon Bundy, et al, case.
Then, the government filed a Motion. Upon reading the Motion, I found that the US Attorney has decided to invite me down to Nevada, an offer I couldn’t refuse.
On January 27, 2017, the government filed “Government’s Motion for Protective Order Regarding Undercover Employee“. It is their effort to hide from the defense the identification of an Undercover Employee (UCE).
Las Vegas Nevada: On Wednesday Attorney Chris Rasmussen filed a Motion For Review of BLM Personnel Records after a scathing report released by the Office Of The Inspector General, said a Special Agent In Charge of the BLM was found to have committed Ethical Violations and Misconduct during an event in 2015 called “Burning Man” held in Black Rock Desert, Nevada.
The report contained points of interest for attorneys fighting an uphill battle in the Bundy Ranch case, especially the part about the Special Agent trying to intimidate and influence witnesses in his ethics investigation.
We investigated allegations that a Bureau of Land Management (BLM) supervisory agent used his official position to provide preferential treatment for family members attending the 2015 Burning Man event in Nevada. The allegations also indicated that the agent intervened improperly in a 2015 hiring process for a special agent position that facilitated the hiring of his friend instead of other qualified applicants.
We found that the agent violated Federal ethics rules when he used his influence with Burning Man officials to obtain tickets and special passes for his family. He also directed on-duty BLM law enforcement employees to escort his family in BLM-procured vehicles, drove his BLM vehicle with his girlfriend, and directed his employee to make hotel reservations for his guests. We also confirmed the supervisory agent’s intervention in the special agent hiring process to benefit a friend.
We forwarded our report to the U.S. Department of the Interior Assistant Secretary for Land and Minerals Management for action, and we received a response from the Assistant Secretary.
Well, it has been almost three weeks since the government’s most recent effort to suppress Freedom of the Press. Not really surprising, since they have nothing to go on; they just think that they do. However, Billy J. Williams (aka Don Quixote) and Pamala R. Holsinger (aka Sancho Panza) have spent a bunch of taxpayer’s money on “Tilting at Windmills”. They just do not seem to believe that the Constitution is the very document that created them, and the government that they represent. Well, it didn’t really create them, but it did create the positions that they hold.
Back on January 10, 2017, the government filed the “Government’s Supplemental Memorandum in Support of Motion to Enforce Protective Order (1689)“. This was discussed in Freedom of the Press #3 – “Contemptuous Postings”, published on January 11. That same day, just hours before #3 was published, the Court filed an “Order Granting in Part Government’s Motion to Enforce Protective Order (1691)“. This, of course, led to my response, on January 12, with Freedom of the Press #4 – The Order. Rather a hectic pace, for three days.
LAS VEGAS REVIEW-JOURNAL
Ryan Bundy, accused of leading the 2014 standoff near his father’s ranch in Bunkerville, testified Tuesday that the charges detailed in the 16-count indictment against him describe the actions of federal agents who tried to impound his father’s cattle.
“The wrong people are in jail,” Bundy testified during an unusual, six-hour detention hearing at which the rancher’s son, who has been incarcerated for a year, argued for his release pending trial on extortion, conspiracy to commit an offense against the United States, and other charges resulting from the April 2014 confrontation.
Fed prosecutors want judge to order Gary Hunt to appear in court to show why he should not be held in contempt of court
Ensuring that “the meeting with LaVoy Finicum that never happened”, happens, is important. In so doing we honor all those who have courageously stood against what felt like the unbeatable. What a wonderful day it was when the jury gave a not guilty verdict to the first set of political prisoners.
This was bitter sweet day for the Finicum family because LaVoy Finicum would have been sent home that day if it was not for out of control agents who had denied LaVoy his right to life, due process and a fair trial.
Finicum Family Liberty Rising Mission
We the Finicum Family, seeking to better understand, maintain and defend our God given rights to further our eternal happiness, will virtuously let our voices be heard educating on the principles of the Constitution and our testimonies be seen for Personal Property Rights, Liberty, Freedom and one that has become even more near and dear to us as of late, the importance of LIFE
On Jan. 26, 2017 the Utah House Rules Committee passed both resolution, H.C.R. 11 urging President Trump to rescind the Bears Ears National Monument Designation, and H.C.R. 12 Resolution Urging Federal Legislation to Reduce or Modify the Boundaries of the Grand Staircase-Escalante National Monument. Both resolutions passed six to two. H.C.R 11 was introduced by Speaker of the Utah House of Representative, Greg Hughes, with witness support from all three San Juan County Commissioners: Rebecca Benally, Phil Lyman, and Bruce Adams.
Rep. Michael E. Noel presented H.C.R. 12. This was written in cooperation with Kane and Garfield County elected officials. Commissioner Leland Pollack, Sterling Brown of the Farm Bureau, and Matt Anderson of Sutherland Institute also gave testimony.
JOHN DAY — Caravans of trucks with American flags and “Don’t Tread on Me” banners rolled into town over several days to gather Saturday night for a conclave that was part memorial, part reunion and part religious revival.
A crowd of more than 500 people grew still as Jeanette Finicum took the microphone.
“They silenced one man’s voice,” she said, speaking of husband Robert “LaVoy” Finicum, an Arizona rancher shot and killed by police as he and others occupying the Malheur National Wildlife Refuge were traveling north to this eastern Oregon town of about 1,700.
On Friday, FBI Special Agent Troy Nicoll testified about the arrest.
Nicoll was riding in an FBI surveillance van that pulled up to the front of the motel when the agents got word Thorn was in the lobby about 9:05 a.m. on Feb. 11, the day that the final four holdouts at the Malheur National Wildlife Refuge surrendered to authorities after a 41-day occupation.
“Darryl?” Nicoll asked as he approached Thorn in the continental breakfast area. Five other agents entered the lobby as well.
The federally run online court document access system known as PACER now finds itself listed on a federal docket. Its overseer, the US government, is a defendant in a proposed class-action lawsuit accusing the service of overcharging the public.
The suit, brought by three nonprofits on Thursday, claims millions of dollars generated from a recent 25-percent increase in page fees are being illegally spent by the Administrative Office of the Courts (AO). The cost for access is 10 cents per page and up to $3 a document. Judicial opinions are free. This isn’t likely to break the bank for some, but to others it adds up and can preclude access to public records. The National Consumer Law Center, the Alliance for Justice, and the National Veterans Legal Services Program also claim in the lawsuit that these fees are illegal because the government is charging more than necessary to keep the PACER system afloat (as is required by Congress).
Anticipating a battle in the upcoming trial against six associates of rancher Cliven Bundy, federal prosecutors this week asked a judge to prohibit defense attorneys from referencing a wide range of material that is central to defense strategy in the case.
The six men scheduled to stand trial next month are considered the least culpable of the 18 charged in what authorities call a “massive, unprecedented assault on law enforcement officers” who in 2014 tried to remove Bundy’s cattle from public land in Bunkerville following a decades-long dispute over grazing fees. The antagonistic rancher rallied armed supporters, and a high-stakes standoff ensued.
The six requests in the sweeping motion filed late Tuesday include one asking that defense attorneys be prohibited from arguing that the federal government does not or should not own the land from which Bureau of Land Management agents tried to seize cattle. That includes mentions of ownership of the Gold Butte range and its recent designation as a national monument.
Defense attorneys who represent associates of rancher Cliven Bundy responded swiftly this week to a government motion that aimed to block testimony about a wide range of topics in the upcoming trial against the people charged as gunmen in the 2014 standoff in Bunkerville.
The six alleged gunmen, who are scheduled to stand trial next month in Las Vegas, are considered the least culpable of the 18 people indicted last year.
The misdemeanor charges filed against the second round of Oregon standoff defendants will be tried before a judge, U.S. District Judge Anna J. Brown has ruled.
Since the charges of trespass, tampering with vehicles or equipment and destruction of property are Class B misdemeanors and considered petty offenses, the defendants don’t have a right to a jury trial.
Further, the judge cited the “significant uncertainty in the law,” as to whether she has discretion to permit a jury trial for such offenses.
“Simply put, the Court declines to exercise discretion to take an action when it is not at all clear that the Court has such discretion in the first place,” Brown wrote in her ruling.
Washington, D.C. – Cause of Action Institute (“CoA Institute”) today sued the Bureau of Land Management (“BLM”) to obtain access to records about the agency’s acquisition of land in Arizona, Nevada, and New Mexico. Last year, the BLM asked Congress for nearly $90 million for new purchases, even though the agency already is responsible for about 250 million acres of federally-owned land. Americans deserve to understand how and why the BLM wants to increase its control over land that could otherwise be used for private or state purposes.
To shed light on the BLM’s land deals and ensure that the agency is responsibly managing its resources, CoA Institute submitted a Freedom of Information Act (“FOIA”) request on August 10, 2016 seeking purchase agreements, appraisals, and related communications. Nearly six months later, the agency has failed to issue a final determination on CoA Institute’s request or produce responsive records as required by FOIA.
A year ago, Jeanette Finicum was watching her daughter’s basketball game at Fredonia High School when she overheard something about a shooting in Oregon.
She had just returned to Arizona from a weekend visit with her husband at the Malheur National Wildlife Refuge, where Robert “LaVoy” Finicum had become the spokesman for the armed takeover.
She grabbed her cellphone, dialed her husband’s number but didn’t get an answer. A short time later, she got a call from Lisa Bundy, the wife of refuge occupation leader Ammon Bundy.
“She told me LaVoy had been killed,” Jeanette Finicum recalled this week. “It was horrific. They stopped the game. His mother and father and brother, my daughter were all there.”