If words can mean anything anyone says they mean, then words are meaningless. That is what the 10th U.S. Circuit Court of Appeals has done with the Commerce Clause of the Constitution.
The appellate court overturned a federal judge who found that the Commerce Clause does not give Congress the power under the Endangered Species Act (ESA) to regulate a species that exists only within the boundaries of one state and has no commercial value whatsoever — specifically the Utah prairie dog.
Nevada has joined with Utah and 21 other states to ask the U.S. Supreme Court to strike the circuit court ruling, saying that if the ruling stands “then Congress has virtually limitless authority, and the Tenth Amendment is a dead letter,” as well as the concept of federalism. (prairiedogamicusbrief)
If Nevada is to have any control over any economic activity within its borders, which include numerous endangered and threatened species, it is vital that the high court reverse this Constitution-rendering exercise in legerdemain.
“Tell me about this standoff.”
And with that, Nevada rancher Cliven Bundy found a biographer behind bars.
Bundy had invited a fellow inmate to sit down at a table with him. They chatted about farming, raising cattle, growing melons and grandchildren.
Soon, they were walking regular laps together around the inside of a large unit that housed 94 bunk beds between concrete cinderblock walls about 60 miles west of Las Vegas.
And when the time seemed right, inmate Michael Stickler broached the subject of why the Bundy patriarch was in custody at the Southern Nevada Detention Center in Pahrump.
Pete Santilli Show Returns Live!
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.
Todd Engel is a Political Prisoner being held for his role in the Bunkerville Standoff Trial.
Engel attempted to represent himself after receiving a court appointed attorney that reportedly fell asleep during the trial.
This was allowed for a short time, until Engel mentioned the forbidden name of Dan Love. Judge Gloria Navarro immediately stripped Engel of his right to self-representation for mentioning the name of the disgraced Special Agent in Charge during the Standoff. Love has since been fired from the BLM.
Engel was convicted of two lesser offenses. He was not convicted of either Conspiracy charge, nor any gun-related charges. He is scheduled for sentencing on December 22, 2017.
Engel should be nearing his release date, as the charges he was convicted of do not have mandatory minimums or long sentencing recommendations. But the government have released new recommendations for him that include guidelines for charges of which he was never convicted.
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.
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.
The government prosecutors in the Bunkerville Standoff Trial in Las Vegas have been recording the privileged phone meetings between the defendants and their attorneys, according to a filing by Ryan Payne.
The motion to dismiss, filed yesterday November 8th, states that the government collected privileged attorney-client phone calls from an incarcerated defendant and then denied possessing such privileged materials.
On September 11, 2017, the government disclosed hundreds of phone calls including calls made from jail by co-defendant Blaine Cooper and the attorney representing him.
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.
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?”
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.
In the years, months and days before the signing of the Declaration of Independence in my native city of Philadelphia, on July 4, 1776, King George III, having issued one unjust if not illegal edict after another, having unfairly prosecuted a number of key American colonialists, having severely taxed the people and having attempted to seize the firearms of citizenry so they could not rise up and challenge his will, invidiously took the criminal justice system back to the Court of King James, depriving the colonies of their own justice system. These were among the primary reasons our Founding Father’s and their colonies broke from the Crown, waged war to reassert their hoped for freedoms and conceived of and created a new nation.
Thomas Jefferson, perhaps our greatest Founding Father and president, predicted at the time that Americans would periodically have to renew their freedoms and wage periodic revolutions, even spilling blood if necessary. He and his colleagues knew that the tendency of mankind is to fall back to the despotic and corrupt ways of the British monarchy, and thus there needed to be constant vigilance and sacrifice in the future to preserve their God-inspired vision.
Todd Engel is one of the Bunkerville defendants that will face Judge Gloria Navarro in a sentencing hearing.
Out of a 16-count indictment, Engel was charged with 10 counts and convicted of 2 counts after his trial earlier this year.
These are the least serious of all the charges, and do not carry enhancements or mandatory minimum sentencing.
Greg Burleson was also convicted during the same trial, though he was convicted of 8 of 10 charges, including enhancements.
A federal jury is set to begin hearing opening statements Tuesday in the trial of four defendants in the Bunkerville standoff.
There are six women and six men on the jury and there are four alternates, three men, and a woman.
The judge said the trial is expected to take four months. A number of potential jurors were dismissed because they could not take four months out of their lives to devote to the trial. How many people can or are willing to? Is it a jury of their peers?
On trial is rancher Cliven Bundy, 71, sons Ammon Bundy, 42, and Ryan Bundy, 45, and a self-styled militia member Ryan Payne, 34, who showed up to protest the confiscation of Bundy’s cattle by the BLM. They are charged with conspiracy, extortion and various firearm charges. They have all been jailed for going on two years.
Cliven Bundy, lead defendant in a case stemming from a 2014 standoff with federal agents and the 71-year-old patriarch of a family with roots in the southeastern Nevada desert since the state was founded more than 150 years ago, won’t let his lawyer buy him a suit for trial.
Instead of the standard slacks, button-down shirt and tie that incarcerated male defendants often don while facing a jury, the recalcitrant rancher plans to wear a jail-issued blue jumpsuit and orange flip-flops when he faces potential jurors for the first time on Monday morning.
“He is so principled that he’s going to do what he’s going to do, which is tell the truth and tell it as he sees it, and he’s not worried about the consequences, other than the people around him,” his lawyer, Bret Whipple, told the Las Vegas Review-Journal last week. “He refuses to put on civilian clothing because it would be misleading the jury, because he is who he is.”
Bundy, his two sons Ryan and Ammon and independent militia leader Ryan Payne have been locked up without bail in a federal holding facility for nearly two years. They face the potential of decades behind bars if convicted of conspiracy and other charges related to the armed standoff.
It has been rumored that the Bundy Families have engaged a professional Public Relations expert to provide once-daily Trial Updates during the upcoming trial. These updates are expected to be shorter and more concise than typical updates that we […]
The Trial of the Century has gotten a little bit smaller.
Currently, 6 men are expected to be tried in the Bunkerville Standoff trial expected to begin jury selection on October 30th. Cliven Bundy, his sons Ammon and Ryan, as well as Ryan Payne are ready. Eric Parker and Scott Drexler are scheduled for their third trial, after two previous trials this year resulting in acquittals and deadlocked verdicts.
But Parker and Drexler have been offered plea agreements by the government that will allow them to close the book on this chapter of their lives.