trying to work out where my post today on Reid went.
Anyway I guess Monty covered it. He should be on trial not these people.
Ah ok its over here: http://gold-silver.us/forum/showthre...l=1#post874668
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trying to work out where my post today on Reid went.
Anyway I guess Monty covered it. He should be on trial not these people.
Ah ok its over here: http://gold-silver.us/forum/showthre...l=1#post874668
Harry Reid's hand picked Chief Judge Gloria Navarro upheld Harry Reid's hand picked Magistrate Judge Peggy Leen's order the Bundy Proceedings to be cloaked in secrecy
http://rangefire.us/2016/12/11/12331/
Bundy Proceedings to Remain Shrouded in Secrecy
December 11, 2016 - Government/Politics - Tagged: Bundy, Range, RANGEfire, Secrecy - 1 comment
In order to maintain public confidence in a civil society, not only must justice be done, it must also be seen to be done.
Reposted from Mesquite Local News.
http://rangefire.us/wp-content/uploa...-1-300x239.jpg
This past week Nevada’s Chief U.S. District Judge Gloria Navarro upheld a sweeping protective order by a federal magistrate that seals documents and gags participants in the pending trial of Cliven Bundy, four of his sons and a dozen co-defendants on charges resulting from the April 2014 standoff at Bundy’s Bunkerville ranch, because that information might be used to intimidate witnesses.
The protective order was challenged by the Las Vegas Review-Journal, this newspaper and The Associated Press, which argued the order was overly broad and would prevent public scrutiny of a high-profile and significant case.
In upholding the secrecy, Navarro noted that case law dictates, “The district judge ‘may not simply substitute its judgment’ for that of the magistrate judge.”
But she later declared in the 10-page ruling, “The Intervenors proffer nothing but assumptions and conjecture about whether true threats were made as opposed to idle threats. This speculation does not refute (U.S. Magistrate) Judge (Peggy) Leen’s finding of good cause, let alone demonstrate clear error,” though the original order was based largely on assumptions and conjecture about largely anonymous Internet rants.
Navarro also dismissed as inefficient and impractical suggestions that certain information could be selectively redacted, instead of everything being sealed in its entirety as soon as it is filed, due to the fact the case involves 1.4 terabytes of digital information.
Freeing court personnel from a little paperwork trumps the unfettered ability of the defendants to have the public spot flaws in the documents and testimony that will determine whether they are to be incarcerated or freed?
Leen wrote in her order this past summer, “All materials produced by the government in discovery in this case, including, but not limited to: grand jury transcripts, agency reports, witness statements, memoranda of interviews, and any documents and tangible objects produced by the government shall be treated as confidential documents.”
The judge warned that defense attorneys may not even share notes relating to the contents of discovery with anyone not employed to assist the defense, and anything filed in court relating to the discovery must be filed under seal.
Leen reasoned that victims and witnesses could be vulnerable to “cyberbullying, threatening communications, and intimidation from Bundy supporters,” which could have a chilling effect on witnesses. She determined this even though almost all of the 22 allegations of intimidation are more than two years old and nothing substantive has come of any of them.
The defendants face felony charges that include conspiracy, obstruction, extortion and assault, which carry penalties of up to 50 years in prison. The standoff occurred after armed Bureau of Land Management law enforcement agents attempted to roundup Bundy’s cattle after he had refused for 20 years to pay grazing fees in the Gold Butte area. The BLM said he owed $1 million in fees and penalties.
Faced with armed protesters the BLM agents eventually released the cattle and left to avoid potential bloodshed.
Attorney Maggie McLetchie, who represents the media in this case, had argued to the court, “One of the most critical aspects of news reporting is to inform the public of justice being carried out in the courts. In this regard, the press is vital to the health of a democracy. … This right is anchored in the value of keeping ‘a watchful eye on the workings of public agencies,’ and in publishing ‘information concerning the operation of government.’ … ‘In short, justice must not only be done, it must be seen to be done.’”
McLetchie told the Las Vegas newspaper after the recent ruling, “We are disappointed because an overly broad protective order limits how much access the media, and therefore the public, has to information about this high-profile case. … As the case progresses, it will be a challenge to litigate matters in open court when so much is hidden from the public. The order can also have a chill on litigants’ willingness to speak to the press because, with such a broad order, it is hard to know if you can say anything.”
The lack of public scrutiny means that any extenuating or mitigating circumstances that the public might shed light on will not come until the time of trial, when it might be too late. — TM
One thought on “Bundy Proceedings to Remain Shrouded in Secrecy”
- http://1.gravatar.com/avatar/1900809...?s=78&d=mm&r=gDonnaDecember 12, 2016 at 2:24 pm
Wish you were covering the ‘standoff’ here in North Dakota! Multiple county and 9 state’s LE’s have spent $17 million so far, protecting a huge corporate entity from a fairly large gathering of Indigenous Nations united in prayer to protect Mother Earth and her iifeblood – water. Less-than-lethal weapons have required medical attention for many and the loss of an eye in one victim along with a forearm nearly blown off in another. Talk about ‘shrouded in secrecy’! Who hears?
Reply
edit: Comments from Mesquite Local News
COMMENTS
- http://0.gravatar.com/avatar/f831e5e...96&d=blank&r=gLoren Scott says:
December 8, 2016 at 11:11 am
The press’s WANT to know facts before the trial comes second behind the witness’s NEED to be protected from a group that has proven themselves to be a menace to both private individuals and government employees as well.
If the author of this garbage were to become the focus of, and draw the ire of. the same sov/cit groups backing the Bundys that have even threatened judges, he would surely be seeking the same sort of privacy and protections the authorities are providing to the innocent citizens that will be called to testify.
Get over it. The people that NEED this information have it already and you’ll find out the facts when this goes to trial, just like the rest of us, Somehow I think the little rag out of Mesquite won’t be any worse for it.
Reply
- http://2.gravatar.com/avatar/80548ca...96&d=blank&r=gBrand Thornton says:
December 9, 2016 at 2:54 am
So here we go with a Soviet style secret court from the cold war era. Public disclosure of our courts is one of the most sacred and fundamental aspects of freedom. When the highest courts of the land operate in secrecy know with absolute certainty that nefarious peoples are in play. Accusations of threats with no proof to keep justice hidden from the PEOPLE is one of the hall marks of despotism, The Federal courts have become nothing more than a evil tool to destroy the freedom’s of the American people. The Bundy’s and the Patriots, veterans of the stand off with the illegal and unconstitutional BLM are the Hero’s and means to throwing off tyranny today. People like Loren Scott will never understand true freedom as he is either uneducated/unintelligent or a troll for the feds.
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- http://2.gravatar.com/avatar/87e44b5...96&d=blank&r=gJoey says:
December 9, 2016 at 11:59 am
The Bundy’s and the rest of the Gang are costing all tax payers money. They pick and chose what laws and teachings of the church they want to live by. Their agenda is only to help them and not the American people.
The State has condemned their actions, the Nation has condemned their actions and the LDS church has condemned their actions but still they put blame on everyone except themselves for the mess they are in. I hope they get MAX Prison sentences.
Reply
http://mesquitelocalnews.com/2016/12...ed-in-secrecy/
This has always reaked to high heaven, How does Reid still have power to do things... Besides his money?
Trump picks a Montana environmentalist Congressman to head Dept. of Interior
http://youtu.be/gwvNKttm44s
https://youtu.be/gwvNKttm44s
http://www.westernjournalism.com/rep...dept-interior/
Reports Say Montana Congressman Picked To Head Dept. Of Interior
"... we have to be great stewards of this land."
by Jack Davis December 13, 2016 at 5:59pm
Former Navy SEAL Rep. Ryan Zinke, R-Mont., has been tapped by president-elect Donald Trump to lead the Department of the Interior, Fox News and CNN have reported.
“Congressman Zinke is a strong advocate for American energy independence,” said Trump transition spokesman Jason Miller. “And he supports an all-encompassing energy policy that includes renewable, fossil fuels and alternative energy.”
“Additionally, Congressman Zinke believes we need to find a way to cut through bureaucracy to ensure our nation’s parks, forests, and other public areas are properly maintained and used effectively."Ryan Zinke is a TREMENDOUS pick for Secretary of the Interior.Land Tawney, president and CEO of the Montana-based Backcountry Hunters and Anglers, called Zinke “a straight shooter” who has developed a rapport with outdoors enthusiasts.
Ex-Navy Seal.
Montana Congressman.
Like this a lot.#MAGA #PresidentTRUMP
— Todd Haines (@toddwhaines) December 13, 2016
“You wouldn’t know he’s a congressman,” Tawney said. “He really prides himself on being a Theodore Roosevelt Republican, and he lives that a little bit more than other people.”
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Zinke is a member of the Armed Services and Natural Resources committees.
Over the summer, Zinke attacked an Interior Department rule to limit inadvertent releases of methane from oil and gas operations on federal land.
“Clean air and clean water are absolute top priorities when we talk about responsible energy development, however the final rule issued by the Obama administration does nothing to further protect our resources,” he said. “This rule is a stark reminder that we need to invest in infrastructure projects like the Keystone pipeline, so we don’t need to flare excess gas.”
Some media reports last week indicated that Rep. Cathy McMorris Rodgers, R-Wash., was being picked for the post. However, Reuters reported Tuesday that Rodgers was never offered the job
Trump and Zinke see alike on the issue of maintaining federal control of public land as oppose to giving control to states.
“I don’t like the idea because I want to keep the lands great, and you don’t know what the state is going to do,” Trump has said, adding that the federal government must focus on conservation.
“I mean, are (states) going to sell if they get into a little bit of trouble? I don’t think it’s something that should be sold,” he said. “We have to be great stewards of this land. This is magnificent land. And we have to be great stewards of this land.”
I don't see much hope for a Public Lands policy change with a Trump presidency. His pick for Interior Dept. Secretary is certainly not good for the 16 western states. The only salvation might be if Trump appoints some constitutional judges to the Supreme Court IF the Electorial College elects him.
http://youtu.be/OXJvTXhPLYU
https://youtu.be/OXJvTXhPLYU
My thoughts are that the elephant in the room is Jewish and Trump certainly knows that. He has to get in first and then it will take a couple of years for him to secure the lay of the land. He has to find out where all the bodies are buried. Once that is done he has a chance to proceed on a more white agenda.
Will he? Only time will tell.
Apparently they're all dirty and they have the dirt on each other. It's a brotherhood/fraternity thing - just like when those in 'law enforcement' turn a blind eye to the lawless within their ranks*.
*I personally know of someone in 'law enforcement' who committed perjury with a Federal agency as well as subornation of perjury when she had the Notary Public of the agency she works for notarize a forged Federal document yet the entire agency admin is TOTALLY covering it up as if no such thing ever occurred - it is as clear cut as it gets.
Justice John Marshal writing in 1828 on the difference between the true Article III Judicial Courts and the Article IV Legislative Courts created by Congress (Title 28 United States Code):
These [territorial] courts then, are not Constitutional courts, in which the judicial power conferred by the Constitution on the general government can be deposited. They are incapable of receiving it. They are legislative courts, created in virtue of the general rights of sovereignty which exists in the government, or in virtue of that clause which enables Congress to make all needful rules and regulations, respecting the territory belonging to the United States. The jurisdiction with which they are invested, is not a part of that judicial power which is defined in the 3d article of the Constitution, but is conferred by Congress, in the execution of those general powers which that body possesses over the territories of the United States. Although admiralty jurisdiction can be exercised in the States in those courts only which are established in pursuance of the 3d article of the Constitution, the same limitation does not extend to the territories. In legislating for them, Congress exercises the combined powers of the general and of the State government.[American Insurance Co. v. 356 Bales of Cotton]
[26 U.S. 511, 1 Pet. 511 (1828), emphasis added]