Armed Feds Prepare For Showdown With Nevada Cattle Rancher

[monty]

Government files Hail Mary as their case crumbles around them

Motion in Lemine to Preclude defendents from Presenting Legally Invalid Evidence

Case 2:16-cr-00046-GMN-PAL Document 3028 Filed 12/18/17 Page 1 – 26

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Government Files Hail Mary as Their Case crumbles around them.

[monty]

A dismissal with prejudice or a not guilty verdict sets up a civil claim of malicious prosecution. Harry Reid’s hand picked judge may have found herself between a rock and a hardspot if she cannot get a guilty verdict.

https://youtu.be/7Zs5MigYrXc

Video is unavailabe this morning. Must have hit a nerve.

[Jewboo]

Judge declares mistrial in case of Nevada rancher's standoff with federal government


Mistrial declared in Nevada armed standoff with US agents

"The court does regrettably believe a mistrial in this case is the most suitable and only remedy,'' U.S. District Judge Gloria M. Navarro declared, issuing her ruling from the bench before a packed courtroom.

[monty]

Judge declares mistrial in case of Nevada rancher's standoff with federal government


Mistrial declared in Nevada armed standoff with US agents

She didn’t want to dismiss with predjudice for fear of repercussions against her pals in the U.S. Attorneys Office.

https://youtu.be/8I8h6kXzAbY

[monty]

Bryan Hyde interviews Carol Bundy after mistrial announcement. ~ J Grady

I wasn’t aware a mistrial could be with or without prejudice

https://youtu.be/kIUDYtHxaRk

[crimethink]

When at first you don't succeed, try, try again...you know it's coming.

[monty]

Royston Potter, Bundy Mistrial, Trump’s Tax Cut, FBI McCabe, Obama Cocaine. The video was live streamed with a bad connection resulting in a lot of cutting out.

https://youtu.be/sfxQtLfhBng

[monty]

More on the mistrial from Shari Dovale



Mistrial Declared in Bunkerville Standoff Trial


THERE COULD BE SANCTIONS COMING FOR ACTING US ATTORNEY STEVEN MYHRE AND OTHER PROSECUTORS.

December 20, 2017 BLM, Featured, Federal Courts 2


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https://redoubtnews.com/wp-content/u...er-678x381.jpgDefendants and supporters gather after mistrial declared in Las Vegas. (photo: Wendy Kay)

Mistrial Declared in Bunkerville Standoff Trial

by Shari Dovale


Judge Gloria Navarro declared a mistrial Wednesday in the trial for Cliven Bundy, two of his sons, Ammon and Ryan, and Montana resident Ryan Payne.

Navarro criticized the prosecution for several Brady violations stating the evidence was material and favorable to the defense.

Navarro went on to state that she found it to be favorable and exculpatory that surveillance cameras were directed at the Bundy home. This goes to the conspiracy and false information charges. Additionally, the evidence was provided untimely, which is another violation.

The court also found the suppression of the disclosure was willful. The government falsely represented that the view of the Bundy home was unintentional. This is huge. There could be, at minimum, sanctions coming for Acting US attorney Steven Myhre and other prosecutors.

Moving on to another item, Navarro referenced the snipers and that the indictment charges false representation, “But now we know there were snipers.”

She found that the information is favorable to the accused and bolsters the defense.. “The court does find prejudice toward the defendants. This information may have caused a difference in the opening statements, cross examination of witnesses and undermines the outcome,” she said.

The judge continued her rebuke of the government for about an hour. She included other evidence, such as the threat assessment report and a log of activities surrounding the impoundment.

All together, between 12/12/17 and 12/17/17, over 5,000 pages of new discovery and evidence has been revealed and there may still be outstanding discovery.

Ryan Bundy stood in the courtroom and asked, in light of the mistrial, to have all the defendants terms of release changed. He requested that they be released on their own recognizance and able to travel to their family homes for the upcoming holidays.

Judge Navarro did not rule on that request, citing the need to go through pretrial services first.

Additionally, they also asked about release for the two men that were convicted previously, Todd Engel and Greg Burleson. Based on the new evidence that they had not seen during their trial, it is anticipated they will ask for their convictions to be overturned, or a new trial granted. Navarro did not rule on that request.

A hearing is scheduled for January 8th, where the court will provide the order of mistrial with or without prejudice, and her answer to the Review-Journal’s request for unsealing evidence.

There is a facebook video with Ryan Bundy that I don’t know how to embed https://redoubtnews.com/2017/12/mist...erville-trial/

Comments

• https://secure.gravatar.com/avatar/9...identicon&r=pg Neil Wampler
• DECEMBER 20, 2017 AT 5:27 PM Not unexpected in light of a snowballing mass of Prosecutorial misconduct, Navarro’s declaration of mistrial was preceded by a categorical recitation of Myhre’s defalcations. A sadist could not have devised a more measured and drawn out series of lashes, each one landing squarely on a helpless victim – AUSA Myhre. A particularly deep cut was her finding of Myhre’s willful hiding of evidence, a major breach of ethics,and of due process. I’m sure that many of us supporters would admit to a gleeful savor, witnessing this unprincipled fraudster’s torment. Withal, Navarro laid the entire responsibilty for this gigantic boondoggle at Myhre’s feet. Sunlight is the best disinfectant. As things stand after this mistrial, the US Attorney here will have to decide : Start from scratch again and mount a new trial ? Advise a dismissal ? As we have seen, this proceeding has only brought to light an endless train of Federal abuse, and it is reasonable to expect more revelations in any new trial. Reality is crashing down on the Federal Culture,and if they should be lucky enough to have a moment of Clarity, they may see that disgression is the better part of Valor – Dismissal !
  
  
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• https://secure.gravatar.com/avatar/4...identicon&r=pg Brea
• DECEMBER 20, 2017 AT 5:54 PM I believe Navarro already knew all of this information. Hence her insistence on a closed door meeting with all prosecutorial big wigs, no defense attorneys nor any common citizens allowed to be present during those proceedings. THANK GOD FOR THE WHISTLE BLOWER!!!! If he hadn’t come forward and made so much information public, I seriously doubt Navarro would have backed down. For almost 2 years she has been in the prosecution’s pocket, aiding and abetting their railroading of these American citizens. She wouldn’t allow any type of defense based upon anything in our country’s Constitution. While she’s pointing her finger at everyone else, she needs to be reminded that there are 4 more fingers pointing back at her. She is not without guilt in this situation, herself.
  
  
  REPLY
• https://secure.gravatar.com/avatar/9...identicon&r=pg Mark
• ​DECEMBER 20, 2017 AT 8:56 PM If I understand correctly if the Judge orders dismissal with Prejudice .. they can seal all of the Discovery ..At this point my guess is the Government will try to hide their own corruption by sealing all the Records..
  
  
  RE

[monty]

Account on mistrial from American Free Press, with emphasis on Cliven Bundy’s standing on his principles by refusal to leave the jail under house arrest.

Breaking News: Mistrial Declared in Cliven Bundy Proceedings

December 20, 2017 Staff Freedom, National News 3

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Judge Gloria Navarro, who has presided over the multiple Bundy trials emanating from the Nevada “cattle grazing fees” standoff in April 2014, has declared a mistrial. Yet family patriarch Cliven Bundy continues to stand firm in displaying the kind of rarely seen and highly honorable “ironclad principles” he has shown since the beginning of his ordeal with the federal government.

By Mark Anderson

Around 50 supporters of the Bundy family on the morning of Tuesday, Dec. 20 left the U.S. District Courthouse in Las Vegas in a state of elation. Judge Gloria Navarro ruled to declare a mistrial in the current proceedings involving longtime Bunkerville, Nev. rancher Cliven Bundy, his sons, Ryan and Ammon, and Ryan Payne.

These four defendants have become emblematic of the plight of ranchers resisting onerous federal land controls. They were joined in the spring of 2014 by hundreds of protesters, who arrived from across the nation and gathered near Cliven’s ranch in Clark County, in southern Nevada, to exercise their First and Second Amendment rights.

These stalwart souls protested the actions of Bureau of Land Management agents, as well as armed FBI agents and contractors, who had arrived to impound Cliven Bundy’s cattle over allegations of unpaid grazing fees on public lands.

The impoundment attempt, on April 12, 2014, was unsuccessful.

But while the government turned tail and retreated that day, a 16-count federal indictment was eventually handed down. Cliven, Ammon, and the two Ryans were among nearly 20 individuals initially indicted in this now-legendary federal case, which hasn’t gone well for prosecutors ever since the first of several planned trials started in February 2017.

The government, despite spending millions of taxpayer dollars, has seen its case steadily deflate to the point where, as of now, the only remaining piece is for the prosecution and the defense to deliver briefs, by 5 p.m. Dec. 29, to Judge Navarro. Those briefs will consist of arguments to enable the judge to decide whether or not to fully dismiss the case.

The mistrial happened just before 9:30 a.m. Pacific Time on Dec. 20, as, “Navarro told the jury to ‘Go home . . . . It’s over,’” recounted Roger Roots, a legal expert and author who has observed firsthand virtually every Bundy trial proceeding.

After Judge Navarro reviews the briefs, an open hearing will be convened at 9 a.m. on Jan. 8. That day, if she rules for dismissal “without prejudice,” the indictment remains in force and federal prosecutors technically could reset the trial of Cliven and the three others, reportedly for Feb. 26. But if she rules for dismissal “with prejudice,” then the indictment is dissolved.

A dissolved indictment would mean the government would have to go to the trouble and expense of convening a new grand jury in order to seek a new indictment—which would constitute “double jeopardy” and, therefore, a constitutional violation. Roots does not believe the government would even try to get a new indictment if it were to face such a high legal hurdle.

Judge Navarro’s findings for a mistrial were founded on the fact that the prosecution had committed at least five Brady v Maryland violations, including: failing to disclose to the defense the existence of surveillance cameras, including those trained at the Bundy homestead; not disclosing the fact that concealed snipers were stationed around the area at the time of the 2014 standoff; not disclosing the existence of maps of the snipers’ positions; and, among other things, not disclosing threat-assessment reports, which include government admissions that Cliven and company are not dangerous people.

In a dramatic twist, family patriarch Cliven Bundy, as a matter of principle, had stayed in prison despite a court ruling at a recent hearing to allow him to go home under house arrest. He had been jailed since early 2016 while suffering from health problems. Bundy based his decision on the fact that a few remaining defendants, which had included his sons Mel and Dave until they, too, were granted house arrest, still in jail awaiting a final trial that’s been scheduled to take place sometime in 2018.

Ryan and Ammon Bundy, as well as Ryan Payne, all were recently released under house-arrest rulings, after an equally grueling amount of time behind bars.

During a recent on-the-air interview, Cliven’s daughter-in-law Briana, who is Mel’s wife, told “Free Speech Zone” host Jim Lambley of KSDZ-FM “The Twister” out of Nebraska that in the almost two years that Cliven Bundy has been behind bars, several more grandchildren were born, yet he still chose to remain in jail to stand for the others still imprisoned.

On a Dec. 20 appearance on the same radio show, Briana added,“Over 3,300 hundred pages of evidence that helped the defense have been withheld and have been turned over to the defense in the last two weeks . . . . It was absolutely intentional and she [Judge Navarro] said she believes it was intentional because of what they withheld.”

Roots, who’s cautiously optimistic, said that given the mistrial ruling, the final few defendants behind bars have a dramatically improved chance of never going to trial.

“Cliven won’t go home until this case is all the way over,” he remarked, moved by the patriarch’s ironclad principles.

Mark Anderson is a longtime newsman now working as the roving editor for AFP. Email him at truthhound2@yahoo.com.

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[monty]

Briana Bundy with Jim Lambley on Twister Radio KSDZ

https://ice9.securenetsystems.net/me...%20Reports.m4a