Bundy Case Dismissed, Judge Orders Rancher Released
Tim Pearce
Energy Reporter
1:26 PM 01/08/2018

U.S. District Judge Gloria Navarro ruled Monday the case against Nevada rancher Cliven Bundy would be dismissed “with prejudice,” and ordered the rancher set free after federal prosecutors willfully withheld exculpatory evidence during the 2017 trial.

Navarro ruled a mistrial in the Bundy case last month after prosecutors “willful[ly]” withheld exculpatory evidence favorable to the four men on trial: Cliven Bundy, his two sons and one other person. The judge found that prosecutors had violated the defendant’s civil rights and violated federal law by hiding evidence from the court.

After the mistrial, Navarro set a Jan. 8 date to decide whether the case against Bundy would be retried or dismissed “with prejudice,” barring a retrial over the same charges.

Prosecutors requested the court grant another trial against the Bundys, calling their missteps and violations “inadvertent.”

“The Brady violations found by the court are regrettable and benefit no one,” Nevada’s Acting U.S. Attorney Steven Myhre wrote in legal brief, according to The Oregonian. “But because the government neither flagrantly violated nor recklessly disregarded its obligations, the appropriate remedy for such violations is a new trial.”

The Department of Justice, under order from Attorney General Jeff Sessions, is currently investigating the federal prosecutors involved in the 2017 Bundy trial for misconduct.

Prosecutors, led by Myhre, dismissed several claims from Bundy attorneys that evidence was being hid from the court during the trial.

The defense claimed FBI snipers and surveillance were monitoring the Bundy household prior to the 2014 Bureau of Land Management (BLM) raid to remove the rancher’s cattle from federal land after decades of unpaid grazing fees. Cliven Bundy sent out a plea for help based on the snipers’ presence, prompting dozens of armed militiamen to meet at the ranch.

Prosecutors said snipers were not involved, called the claim “fantastical” and the defendants’ request for the evidence, a “fishing expedition.” However, the U.S. Attorney’s Office possessed video evidence the entire time, The Oregonian reports.

Prosecutors also withheld federal assessments that found the Bundy family was not likely to be violent, but only “get in your face.” Other federal assessments of the BLM revealed the agency was targeting the Bundy family, “trying to provoke a conflict.”

Defense attorneys asked federal prosecutors to hand over Inspector General reports on BLM agent Dan Love, who directed the agency’s raid on the Bundy ranch. Love was fired from the agency in September for corruption and unethical behavior.

Prosecutors had dismissed the allegations and investigations of Love as an “urban legend,” but ended up handing over 500 pages worth of reports on Love in December, according to The Oregonian.

http://dailycaller.com/2018/01/08/bundy-...ncher-released/

Quote: Cincinnatus wrote in post #2

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Is it finally over? How much have the Bundys suffered because government persecution and can they be recompensed? Will the government officials who violated their legal obligations be properly punished?

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It would also be good if the DOJ investigation extends to Malheur and the assassination of LaVoy Finicum.

Related:

Ammon Bundy's lawyer says he won't practice in Oregon federal court again
Updated Jan 8, 3:29 PM; Posted Jan 8, 3:26 PM
By Aimee Green
The Oregonian/OregonLive

Marcus Mumford, the Utah defense attorney who was tackled and stunned with a Taser by federal marshals moments after the acquittal of his client Ammon Bundy in the Oregon refuge occupation case, told a judge Monday that he will voluntarily give up his standing to practice in federal court in Oregon.

Mumford effectively put an end to Judge Michael Mosman’s attempt to officially ban him in Oregon's federal district.

The move also means that federal prosecutors can’t use any negative findings that might have been made in the Oregon case as they try to punish Mumford before the Utah State Bar.

Mumford announced in September that the U.S. Department of Justice had filed a Utah bar complaint against him to limit or stop him from practicing in Utah out of his Salt Lake City office.

Mumford and his attorney, Matthew Umhofer, left Portland's downtown federal courthouse without making any comments. But Umhofer said he might have something to say later Monday after talking with his client.

Mosman pursued the sanction against Mumford, citing repeated instances of Mumford's arguing with U.S. District Judge Anna Brown during the 2016 refuge occupation trial, inappropriate commentary on a witness in the presence of a jury and failures or refusals to observe court rulings. Mumford previously told The Oregonian/OregonLive that Mosman was being "vindictive."

Matt Schindler, one of Mumford's supporters, said Mumford's decision to give up his ability to practice in federal court in Oregon was a smart move, given that the federal judges seemed certain to punish him.

Mumford didn’t do anything to deserve professional sanctions during the occupation trial and represented Ammon Bundy zealously and successfully, said Schindler, a Portland area attorney who was defendant Kenneth Medenbach’s standby lawyer during the same trial.

“What we need far more of in our legal community are Marcus Mumfords,” Schindler said Monday. “We have plenty of people who are polite.”

“We need people who give everything they have to give,” he said.

Mumford had shouted at the judge, argued for Bundy's release and demanded to see a detention order from Nevada following the October 2016 announcement of not guilty verdicts for Bundy and six co-defendants on federal conspiracy, weapons and other charges in the armed takeover of the Malheur National Wildlife Refuge earlier that year.

Mumford faced criminal charges after deputy marshals tackled him in the courtroom, Tased him and took him into custody. Prosecutors later dropped the criminal charges against Mumford for his courtroom behavior.

Schindler said it appears that not only federal prosecutors but federal judges were shocked and upset about the not guilty verdicts. Lashing out at Mumford was a way of penalizing someone, he said.

Mosman didn’t preside over Monday’s hearing. Federal Judge John Coughenour met briefly with Mumford and the other attorneys in chambers before Mumford re-entered the courtroom and announced his decision to voluntarily withdraw from federal practice in Oregon.

“As far as I’m concerned, that resolves the matter," Coughenour said.

Oregonian/OregonLive reporter Maxine Bernstein contributed to this story.

-- Aimee Green

http://www.oregonlive.com/portland/index...says_he_wo.html