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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsWhy Cliven Bundy Is Free
http://www.esquire.com/news-politics/politics/a14849167/cliven-bundy-wins-case/Why Cliven Bundy Is Free
Not that it will matter in the end.
By Charles P. Pierce
Jan 8, 2018
The American criminal justice system can be a place of miracles and wonders, as The Arizona Republic illustrates.
Nevada rancher Cliven Bundy, his two sons and a militia member will not face a retrial on charges that they led an armed rebellion against federal agents in 2014. A federal judge on Monday said the federal prosecutors' conduct was "outrageous" and "violated due process rights" of the defendants. U.S. District Court Judge Gloria Navarro dismissed the charges against the four men "with prejudice," meaning they cannot face trial again. She said a new trial would not be sufficient to address the problems in the case and would provide the prosecution with an unfair advantage going forward. The judge criticized both the prosecution and the FBI for not providing evidence to the defense as required under court rules. "The court finds that the universal sense of justice has been violated," Navarro said. Navarro said it was clear the FBI was involved in the prosecution of the case, and that it was not a coincidence that most of the withheld evidence came from the FBI.
So, if youre going to defy lawful authority and gather some folks to draw down on federal officials, apparently, it helps to be old and white. It also helps when the prosecution botches the rules of evidence beyond all recall.
Navarro on Dec. 20 cited six pieces of evidence the Nevada U.S. Attorney's Office failed to disclose that was favorable to the defense and could have changed the outcome of the trial. The evidence included: records about surveillance at the Bundy ranch; Maps about government surveillance; records about the presence of government snipers; FBI logs about activity at the ranch in the days leading up to the standoff; law-enforcement assessments dating to 2012 that found the Bundys posed no threat, [and]internal affairs reports about misconduct by Bureau of Land Management agents. "Failure to turn over such evidence violates due process," Navarro said last month. "A fair trial at this point is impossible."
Theres no point in worrying what message this sends to the various sympathetic (and well-armed) extremist groups in the country. Theres also no point in any thought experiments about what would have happened if Bundy were a black teenager in Ferguson, Missouri, or a black child on a playground in Cleveland.
The prosecution apparently let its loyalty to the FBI override its obligations to due process, and it got caught. From the L.A. Times:
Despite the mistrial, federal prosecutors argued in a legal brief filed Dec. 29 that they didnt willfully withhold evidence from the defense and they still planned to press ahead with another trial. Assistant U.S. Atty. Steven Myhre wrote in his brief that the government shared 1.5 terabytes of information and noted it was by far, the largest review and disclosure operation in this [U.S. attorneys office] history. Myrhe also argued the government needed to protect some witnesses from leaks that might lead to threats, so it culled the database with witness protection in mind. Unprecedented database volume and witness concerns aside, the government never let these obstacles stand in the way of diligently working to fulfill its discovery obligations, he wrote. But defense lawyers for Payne Renee Valadares, Brenda Weksler and Ryan Norwood argued in their Dec. 29 briefing seeking to dismiss the case that government failed to accept responsibility for any of its failure to disclose evidence and the withholding of evidence was flagrant prosecutorial misconduct.
There is one king irony to this whole thing: Cliven Bundy and his family and his spavined cattle are all free now because the system he was so hell-bent on defying actually works. I think the cattle will understand this before he does.
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Why Cliven Bundy Is Free (Original Post)
babylonsister
Jan 2018
OP
Turbineguy
(37,324 posts)1. The Prosecution had an open and shut case and they lost it.
Guilty people are entitled to a fair trial conducted under the Rules.
Wellstone ruled
(34,661 posts)2. The Judge warned the
Prosecutors as to the Court Rules and they did not listen. This coming Summer is going to get real ugly out on the Range Lands. First thing that was notable,there was a ton of Cars and Trucks flying their Gadsden and 3% militia flags in and around the Federal Court House and up and down the Main Arterials for several hours.
The Fed's blew this case in much the same way they blew their case in Oregon.
Turbineguy
(37,324 posts)4. This sort of reminds me of the OJ Simpson murder trial.
I did not watch it, except for the final summation by the D.A.
When they were done, I knew the verdict would be not guilty.
Wellstone ruled
(34,661 posts)5. And the Jury was suspect from the get go.
Same thing in Oregon. Who the heck did the screening?
And the Key BLM Dude got his butt handed to him about two weeks before.
rockfordfile
(8,702 posts)3. Something isn't right about how they got off