Judge Rejects Government Bid to Reopen Activist Rancher Case [i]A lawyer for Nevada rancher and states' rights activist Cliven Bundy is hailing as "the final nail in the coffin" a judge's decision not to let federal prosecutors reopen the criminal case stemming from a 2014 armed standoff with government agents.[/1] July 6, 2018, at 8:51 p.m. by KEN RITTER, Associated Press
LAS VEGAS (AP) — A judge's decision not to let federal prosecutors reopen the criminal case against Cliven Bundy, his sons and supporters in a 2014 armed standoff with government agents could amount to the final act in the case, a lawyer for the Nevada rancher and states' rights activist said Friday.
"It's the final nail in the coffin, and completely expected," attorney Bret Whipple said of the ruling in the criminal case that was filed in 2016 against 19 defendants and collapsed last December in a mistrial due to "flagrant misconduct" by prosecutors.
Chief U.S. District Judge Gloria Navarro said again in a filing Tuesday that prosecutors "willfully" failed to disclose to defense lawyers evidence that government agents provoked the Bundy family into calling supporters to their defense by acts "such as the insertion and positioning of snipers and cameras surveilling the Bundy home."
Navarro said she found no reason to reconsider her dismissal of charges in January against Bundy, sons Ryan and Ammon Bundy and Montana militia leader Ryan Payne.
Whipple characterized Bundy, now 72, as relieved that the judge rejected Acting U.S. Attorney Dayle Elieson's argument that individual counts could have been dismissed rather than the entire case, and that scuttling the case set a dangerous precedent by encouraging the public to disrespect public lands law enforcement officers.
"On the contrary," the judge wrote, "a universal sense of justice was violated by the government's failure to provide evidence that is potentially exculpatory."
It was not immediately clear if Elieson would appeal Navarro's decision to the 9th U.S. Circuit Court of Appeals in San Francisco. Trisha Young, spokeswoman for the prosecutor's office, declined Friday to comment.
Whipple called Navarro's 11-page order, issued Tuesday, "a direct rebuke to the federal government, the Bureau of Land Management and the different prosecuting agencies."
"I see a message and irony that it was released near Independence Day about freedom from federal overreach," the attorney said.
The criminal case stemmed from a standoff in April 2014 involving hundreds of protesters and armed Bundy family supporters facing off against federal Bureau of Land Management agents and contract cowboys enforcing court orders to round up Bundy cattle.
The Bunkerville rancher refused for decades to pay government grazing fees for his cows on federal land in what is now Gold Butte National Monument, about 80 miles (129 kilometers) northeast of Las Vegas. He maintains that the federal government has no authority over state lands.
Gunfire was averted when a small band of outnumbered Bureau of Land Management agents gave up and let cattle that had been collected be returned to Bundy.
Most of the 19 defendants from 11 states spent nearly two years in federal custody awaiting trial on charges including conspiracy, threatening and assaulting federal officers, firearm offenses, obstruction and extortion.
ZitatThe Bunkerville rancher refused for decades to pay government grazing fees for his cows on federal land in what is now Gold Butte National Monument, about 80 miles (129 kilometers) northeast of Las Vegas.
Correction: Neither the BLM nor the state of Nevada would not accept Bundy's payment of fees to BLM Unless Bundy signed a contract turning over management of his ranch to BLM bureaucrats. Bundy owns the grazing rights to the land in question.
Illegitimi non Carborundum
During times of universal deceit, telling the truth becomes a revolutionary act.- Orwell
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