Armed Feds Prepare For Showdown With Nevada Cattle Rancher

[Jewboo]

HOW DEEP DOES THIS COVER-UP GO? WAS IT ALL FROM STEVEN MYHRE, OR WAS NAVARRO COMPLICIT?

Perfect public headline to put this "judge" on notice.

Enough evidence about the snipers publicly presented here in Monty's thread to end this charade...and motivate a mob.



http://vignette3.wikia.nocookie.net/...20070619165229

[midnight rambler]

I’ll bring the tar and feathers.

I’m not joking.

[monty]

Patriots punished for going to Bundy Ranch ~ Shari Dovale Jan.1, 2018


Patriots Punished for Going to Bundy Ranch


WE MUST STAND STRONG AND FIGHT FOR OUR BASIC LIBERTIES! IF WE DON'T DO IT, THEN WHO WILL?

January 1, 2018 Constitution, Featured, Federal Courts 3

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Patriots Punished for Going to Bundy Ranch

by Shari Dovale


Jon Ritzheimer and Ryan Payne are friends from way back. They recently met up after months of not seeing each other, and had a great time. With their ladies along side, they enjoyed everything from lunch to Go-Carts.

Then they went to the Bundy Ranch.

Now they are being punished by the Oregon Courts for not knowing they were not allowed to visit with this American family. Judge Anna Brown has decided, after the fact, that these men were not going to get away with supporting the Bundy family.

Both Ritzheimer and Payne are considered co-defendants on the Malheur Protest Trial in Oregon. They each decided to accept plea agreements in that case and are scheduled to begin their sentences soon.

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Jon Ritzheimer with Carol Bundy

Jon Ritzheimer accepted a plea agreement in the Malheur Protest trial and was scheduled to begin his incarceration in several weeks. Instead, he will be headed to prison early, on January 12^th
.
Ryan Payne is currently a defendant alongside Cliven Bundy and his two sons, Ammon and Ryan, in the Bunkerville Standoff trial in Las Vegas. Judge Gloria Navarro recently declared a mistrial in that case and further rulings are expected in the coming days.

Meanwhile, due to the gross misconduct of the prosecutors office, the defendants in Las Vegas have been released under pretrial conditions, with the exception of Cliven Bundy. Payne received additional conditions from Judge Anna Brown in Oregon due to his status in her court. Brown has now ordered him to be placed under house arrest.
Photos from their outing were published on Facebook. This was all it took for Judge Anna Brown to get worked up and call in her proverbial marker.

It was first said that they were not supposed to see each other, as co defendants. However, that was proven to be untrue by the document shown here. The ban for defendants to speak to each other was LIFTED!

It was actually all about them going to the Bundy Ranch. The government does not want anyone supporting Cliven Bundy, or anyone that takes a stand for citizens rights.
These are not the first stories being told about retaliation for supporting citizen rights. The Federal government has cracked down on Liberty-loving patriots around the country just because they can!

If you are an active militia member, if you are vocal about states rights, if you profess your support of the Constitution or call yourselves Patriots, then you are probably being looked at and may be targeted.

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Greg Whalen is a disabled combat veteran who spends his days helping other vets and advocating for the US Constitution.

Whalen attended the Million Vet March on Washington DC during the 2013 government shutdown and was photographed removing barricades. Additionally, he went to Bunkerville when he heard about the standoff and removed the “First Amendment Area” sign.

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In front of the Las Vegas Federal Courthouse. (Facebook)

Both of these events were listed on paperwork he saw when he was stopped from entering Nellis AFB last spring. He was roughed up, stripped searched, called a domestic terrorist and told not to come back to the base. He has yet to regain his base privileges.

Another vet named John was stripped of his VA benefits after being in Bunkerville, with the VA claiming he refused a mental health evaluation. With these documents in hand, he could not find anyone at the Veterans Administration who knew anything about it, yet he still does not have his disability benefits.

There are numerous stories of patriots being placed on the “No Fly” list, or at least held for several hours before being allowed to travel.

This is government terrorism against it’s citizens! They are punishing people for supporting anyone that stands up for their God-given, Constitutionally-protected rights. If you don’t fall in line with the mandated rhetoric, then the NDAA will become your worst enemy.

Dear Americans: This Law Makes It Possible To Arrest And Jail You Indefinitely Anytime
Under Section 1021, however, anyone who has committed a “belligerent act,” can be detained indefinitely, without charges or trial, as a “suspected terrorist.” This is a direct violation of the U.S. Constitution and our Bill or Rights. In The FederalistNo. 84, Alexander Hamilton stressed the importance of the writ of habeas corpus to protect against “the favorite and most formidable instruments of tyranny.”

What can we do to stop the NDAA?

We fight back. We the People push back against the Federal government’s encroachment on our rights and liberties.Contact People Against the NDAA (PANDA) who have already begun the fight and have resources to share with you.

We must stand strong and fight for our basic liberties! If we don’t do it, then who will?

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https://redoubtnews.com/2018/01/patr...d-bundy-ranch/Please support our coverage of your rights. Donate here: paypal.me/RedoubtNews

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[PatColo]

2 hrs; Aiken comes on in last ~half hour. Though Kaminski's always a good listen too,

The Graham Hart Show - With Brizer 2018.01.01
Guests: John Kaminski and Patricia Aiken joins in the last half hour.


80k Download


^ Aiken says something interesting re the Cliven trial. She'd never seen a "darker" jury-- DA tried to stack it with blacks who would surely object to Cliven's comments on slavery. Those jurors who they spoke with after, weren't bothered by Cliven's comments at all; to the contrary, they agreed.

[monty]

Why the feds can’t lose this case

For The Federal Team, Losing Is Not An Option


IS IT SOMETHING MUCH MORE SINISTER THAT DRIVES THE FEDERAL TEAM TO DOUBLE DOWN, TRIPLE DOWN AND DO “WHATEVER IT TAKES” TO WIN THIS CASE?

January 2, 2018 Constitution, DOJ, Featured, Federal Courts, Opinion 5

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(photo: reviewjournal.com)

For The Federal Team, Losing Is Not An Option

“Estimates suggest that the 1.89 billion acres of land (that make up the continguous 48 states) are collectively worth approximately $23 trillion in 2009, with 24% of the land area and $1.8 trillion of the value held by the federal government.”

by Loren Edward Pearce


Krisanne Hall, former prosecutor and well known expert on the US Constitution, spoke for all of us when she said in a recent post,
“Federal prosecutors are seeking a new trial against #BundyRanch?!?! Are you freaking kidding me?!?”

She went on to say, “As a former prosecutor, I can tell you the actions of Myre and these federal prosecutors are unforgivable.

Hey #Myre… YOU are a complete disgrace and evidence of the putrefaction of American Due Process. Sincerely, KrisAnne Hall, JD.”

Larry Klayman, also a former prosecutor, has filed a lawsuit against the Department of Justice and against the Attorney General, Jeff Sessions, for prosecutorial misconduct. Klayman explains,

“The complaint details how the the U.S. attorney for the District of Nevada – Obama Deep State holdovers who should have been removed by now by Attorney General Jeff Sessions – working in concert with the FBI and BLM under the Obama administration, systematically violated the constitutional rights of Cliven Bundy and the other defendants in the criminal prosecution, denying them due process, equal protection and other rights under the Constitution and the law in general.

Key exculpatory evidence proving Cliven’s innocence in engaging in what the Obama Justice Department called a conspiracy to threaten federal agents was shredded; material FBI 302 investigative reports were not disclosed and hidden; and the existence of three surveillance cameras showing that the Bundys surrounded government snipers positioned to possibly kill the family as they were at home were kept from defense lawyers for years. In short, the Obama Justice Department, along with its corrupt FBI then run by, you guessed it, Director James Comey, hid and/or destroyed material evidence until this obstruction of justice was discovered mostly by accident during an evidentiary hearing in the criminal prosecution just the last week.”

What Is Motivating The Federal Team To Continue The Prosecution Of The Bundy Et Al Case?
Is it ego, is it pride or is it something much deeper, much more sinister, that drives the federal team to double down, triple down and do “whatever it takes” to win this case?

Why is the federal team refusing to give up? Why is the federal team continuing to spend many millions of dollars, tying up court resources, imposing on and severely harming the lives of not only the defendants and their families, but the many dozens of jurors, juror candidates and their families?

The Stakes For The Federal Team Are Incomprehensible
Some may ask, “Why can’t the federal team just dismiss the case with prejudice against the Bundy et al defendants, and everybody go back to their lives and pick up where they left off and be happy that the trials are over?”

There are a lot of reasons why life will never be the same for any of the parties and that the slate cannot be wiped clean, that the issues are so huge and remain that way, that the parties simply cannot afford to “forgive and forget”.
As noted under the title of this article, the land owned by the federal government, not counting Alaska and Hawaii, is estimated to be worth in excess of $1.8 trillion by 2009 values. That is $1,800 billion. Throw Alaska into the equation and it far exceeds $2 trillion.

That federal land ownership, and its accompanying power, is at risk because the Bundys and others have raised the issue of the constitutionality of federal ownership of over 640 million acres of land which includes 85% of Nevada. Navarro tried to keep the constitution out of “her” courtroom, and only focus on the charges by the prosecution. However, those many constitutional issues remain unresolved.

One article, states that, “Few minds will stir when they learn that the US federal government owns a grand total of 640 million acres of land: that figure is so vast that it becomes meaningless.” Meaningless because the average person can’t get their mind around it.

The BLM created to manage that land, has over 12,000 employees whose livelihood and lifestyle depend on the continued viability and constitutionality of their agency.

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Staring Down Stare Decisis
While many will argue that the issue of federal ownership of over 640 million acres has been well settled through numerous court cases and that it is a “dead horse” that can no longer be kicked, many will disagree, that the previous courts, based on the constitution destroying “stare decisis”, have made rulings that do not comport with the constitution or the original intent of the founders.

Stare decisis, the drifting away from the original constitution through a process of piggy backing precedent on top of precedent, is like the telephone game, where a message is relayed through a chain of people until it comes out at the other end totally different than the original intended message because each person puts their own biases and spin on the message.

The subject of land ownership by the federal government as it relates to the enumerated powers granted to the federal government as opposed to those reserved to the states and the people, was very clear at one time and needs to be revisited and the dead horse revived.

In addition to the raw subject of federal land ownership are many other tangential subjects that have to be resolved such as the constitutionality of BLM law enforcement, BLM administrative law judges, denial of bail and pretrial prison, denial of a speedy trial because the federal team declares it has a complex case, federal jurisdiction over criminal matters outside the boundaries of a territory, double jeopardy of multiple retrials, and many, many issues that have been warped and distorted over the decades by the imbalance between federal and state powers.

“THIS Is What The Feds Are Fighting To Keep –
Control Over Public Lands And The Very Existence Of The BLM Itself.” ~Bill Goode
In an excellent article by Bill Goode, he states,
“When the Bundys are finally declared innocent in the Las Vegas trial, that will only conclude the legal status of individuals involved in the Bunkerville standoff. Then there is Cliven’s suit and the suits of other standoff defendants against the DOJ that must be decided in court.

However, the most significant issue after the current Las Vegas trial will be the legal status of the Bundy Ranch itself. The legal status of the Bundy Ranch is now held in abeyance, despite the return of the Bundy cattle. The Bunkerville grazing allotment was officially closed by the BLM after the standoff, though the Bundy cattle do still graze on that land. So that’s a conflict that must be resolved.”

An Injustice Against One, Is An Injustice Against All
Morgan Philpot, attorney for Ammon Bundy, in one of his meetings with the media, made the comment, “An injustice against one, is an injustice against all”

The stakes really are incomprehensible, not only for the Deep State and the federal team, but for all of us. The injustices against the Bundys et al, are injustices against all of us, and they need to be resolved.

Because losing is not an option, for either side, we can expect to see many more legal battles to come. The outcome of the legal war will determine the future of America and its rising generations.

Please support our coverage of your rights. Donate here: paypal.me/RedoubtNews

[monty]

Pete Santilli reporting Steven Myhre has been replaced as the attorney in the Bundy case.

https://youtu.be/QV9g6bhC4lI


https://www.justice.gov/opa/pr/attor...interim-united

FOR IMMEDIATE RELEASE
Wednesday, January 3, 2018



Attorney General Sessions Appoints 17 Current and Former Federal Prosecutors as Interim United States Attorneys

Attorney General Jeff Sessions today announced the appointment of 17 federal prosecutors as Interim United States Attorneys pursuant to 28 U.S.C. § 546. In a number of United States Attorney’s Offices across the country, First Assistant United States Attorneys are currently serving as Acting United States Attorneys under the Vacancies Reform Act. However, on Jan. 4, 2018, some of those Acting United States Attorneys will have served the maximum amount of time permitted under the Act. The appointments announced by the Attorney General today fill these vacancies.

“United States Attorneys lead federal prosecutions across this country, taking deadly drugs and criminals off of our streets and protecting the safety of law-abiding people, as well as representing the United States in civil litigation.” said Attorney General Sessions. “As a former U.S. Attorney myself, I have seen firsthand the impact that these prosecutors have and it is critical to have U.S. Attorneys in place during this time of rising violent crime, a staggering increase in homicides, and an unprecedented drug crisis."

“That is why, today, I am appointing 17 current and former federal prosecutors to serve as U.S. Attorneys on an interim basis. Each has excellent prosecution skills and the temperament necessary to succeed in this critical role—and they have already proven that with a number of accomplishments on behalf of the American people. I want to thank them for stepping up to take this difficult but noble job. I also want to thank those First Assistant United States Attorneys who temporarily stepped up to lead their offices as Acting U.S. Attorneys and who are now returning to their roles as First Assistants.”

The Attorney General has appointed the following individuals to serve as Interim United States Attorneys:

Shawn Anderson – Districts of Guam and the Northern Mariana Islands
Geoffrey Berman – Southern District of New York
Gregory Brooker – District of Minnesota
Craig Carpenito – District of New Jersey
Stephen Dambruch – District of Rhode Island
Richard Donoghue – Eastern District of New York
Dayle Elieson – District of Nevada
Duane Evans – Eastern District of Louisiana
Timothy Garrison – Western District of Missouri
Nick Hanna – Central District of California
Joseph Harrington – Eastern District of Washington
Grant Jaquith – Northern District of New York
Maria Chapa Lopez – Middle District of Florida
Kenji Price – District of Hawaii
Matthew Schneider – Eastern District of Michigan
Gretchen Shappert – District of the Virgin Islands
Alexander Van Hook – Western District of Louisiana



Component(s):
Office of the Attorney General


Press Release Number:
18 - 4

[monty]

Myhre gets demoted, returns to his former position as first assistant U.S. Attorney.

“United States Attorneys lead federal prosecutions across this country, taking deadly drugs and criminals off of our streets and protecting the safety of law-abiding people, as well as representing the United States in civil litigation.” said Attorney General Sessions.*

*Gotta keep those jails full! Sessions is a big stockholder in the private prison industry.

Myhre Gets Demoted in US Attorneys Office


TEXAS FEDERAL PROSECUTOR DAYLE ELIESON TAKES THE INTERIM POSITION EFFECTIVE ON FRIDAY, JANUARY 5TH.

January 3, 2018 Federal Courts, Nevada 3

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Myhre Gets Demoted in US Attorneys Office

by Shari Dovale


During a trip to Las Vegas this past summer, US Attorney General Jeff Sessions made a remark that seemed to pat Acting US attorney Steven Myhre on the back for his prosecution of Cliven Bundy and his supporters from the Bunkerville Standoff.

However, Sessions did not come off looking too good after the high profile case was declared a mistrial due to prosecutorial misconduct.

US Attorney for the District of Nevada, Daniel Bogden, resigned his position last spring after Sessions sought the resignations of 46 U.S. attorneys remaining from President Barack Obama’s administration. Steven Myhre was promoted to Acting US Attorney at that time.

Today, Sessions announced that he has appointed Texas Federal prosecutor Dayle Elieson to fill the interim top spot in Nevada, replacing Steven Myhre, effective on Friday, January 5^th.

Myhre will return to his previous position of First Assistant US attorney.

Read the full press release:

Attorney General Sessions Appoints 17 Current and Former Federal Prosecutors as Interim United States Attorneys

Attorney General Jeff Sessions today announced the appointment of 17 federal prosecutors as Interim United States Attorneys pursuant to 28 U.S.C. § 546. In a number of United States Attorney’s Offices across the country, First Assistant United States Attorneys are currently serving as Acting United States Attorneys under the Vacancies Reform Act. However, on Jan. 4, 2018, some of those Acting United States Attorneys will have served the maximum amount of time permitted under the Act. The appointments announced by the Attorney General today fill these vacancies.

“United States Attorneys lead federal prosecutions across this country, taking deadly drugs and criminals off of our streets and protecting the safety of law-abiding people, as well as representing the United States in civil litigation.” said Attorney General Sessions. “As a former U.S. Attorney myself, I have seen firsthand the impact that these prosecutors have and it is critical to have U.S. Attorneys in place during this time of rising violent crime, a staggering increase in homicides, and an unprecedented drug crisis.”

“That is why, today, I am appointing 17 current and former federal prosecutors to serve as U.S. Attorneys on an interim basis. Each has excellent prosecution skills and the temperament necessary to succeed in this critical role—and they have already proven that with a number of accomplishments on behalf of the American people. I want to thank them for stepping up to take this difficult but noble job. I also want to thank those First Assistant United States Attorneys who temporarily stepped up to lead their offices as Acting U.S. Attorneys and who are now returning to their roles as First Assistants.”

The Attorney General has appointed the following individuals to serve as Interim United States Attorneys:
Shawn Anderson – Districts of Guam and the Northern Mariana Islands
Geoffrey Berman – Southern District of New York
Gregory Brooker – District of Minnesota
Craig Carpenito – District of New Jersey
Stephen Dambruch – District of Rhode Island
Richard Donoghue – Eastern District of New York
Dayle Elieson – District of Nevada
Duane Evans – Eastern District of Louisiana
Timothy Garrison – Western District of Missouri
Nick Hanna – Central District of California
Joseph Harrington – Eastern District of Washington
Grant Jaquith – Northern District of New York
Maria Chapa Lopez – Middle District of Florida
Kenji Price – District of Hawaii
Matthew Schneider – Eastern District of Michigan
Gretchen Shappert – District of the Virgin Islands
Alexander Van Hook – Western District of Louisiana

Please support our coverage of your rights. Donate here: paypal.me/RedoubtNews

[monty]

One has to wonder why Jeff Sessions didn’t fire Myhre.


Bundy Ranch Prosecutor Steven Myhre Gets a Demotion – But That’s Just Not Good Enough!

Tim Brown

This is a start, but it’s just not good enough, Mr. Sessions!

On Wednesday, it was made official by the Department of Justice that Bundy Ranch standoff prosecutor Steven Myhre was demoted to his previous position as First Assistant US attorney.

That’s right, he was demoted for his violations of the law, not led away in handcuffs.

Taking his place will be Dayle Elieson, a Texas federal prosecutor.

Last year, Sessions heaped praise on Steven Myhre and his prosecution of the Bundy Ranch defendants.
“I’ve got to tell you, it’s impressive when you have a tough case, a controversial case, and you’ve got the top guy leading the battle, going to court, standing up and defending the office and the principles of the law,” Sessions said of Myhre.

“I’m not taking sides or commenting on the case,” Sessions added. “Just want to say that leadership requires, a lot of times, our people to step up and be accountable.”

[
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Hmmm, about that accountability, Mr. Sessions. Your former acting US attorney in Nevada committed multiple Brady violations and sought to rig the trial in his favor against patriots who were calling out the lawlessness of the DC government, and what did you do? You let him keep a job in the office and got him out of the spotlight, but you failed to bring justice, something that you are supposed to be engaged in.
Myhre should have been arrested and charged for his crimes, along with others in his office, and anyone in the BLM, FBI or any other organization that conspired to engage in these crimes.

The move comes after Sessions said that he would be looking into the matterfollowing the mistrial.
I guess now, Sessions has egg on his face after Judge Gloria Navarro declared a mistrial in the latest round of Bundy Ranch trials because of the prosecution’s “willful” violations of the law and the rights fo the defendants. And those were not his first.

By failing to bring justice against Steven Myhre, Attorney General Jeff Sessions is not aiding and abetting a criminal, who “willfully” violated his oath to the Constitution, broke federal law and violated the rights of innocent American citizens. I’m saying that just so everyone knows whose side Sessions is on here. More violations of the law by Steven Myhre are all on Jeff Sessions.

The Justice Department issued a press release on Wednesday announcing Elieson’s new position, as well as 16 other federal prosecutors as Interim United States Attorneys.

Attorney General Jeff Sessions today announced the appointment of 17 federal prosecutors as Interim United States Attorneys pursuant to 28 U.S.C. § 546. In a number of United States Attorney’s Offices across the country, First Assistant United States Attorneys are currently serving as Acting United States Attorneys under the Vacancies Reform Act.
However, on Jan. 4, 2018, some of those Acting United States Attorneys will have served the maximum amount of time permitted under the Act. The appointments announced by the Attorney General today fill these vacancies.

“United States Attorneys lead federal prosecutions across this country, taking deadly drugs and criminals off of our streets and protecting the safety of law-abiding people, as well as representing the United States in civil litigation.” said Attorney General Sessions. “As a former U.S. Attorney myself, I have seen firsthand the impact that these prosecutors have and it is critical to have U.S. Attorneys in place during this time of rising violent crime, a staggering increase in homicides, and an unprecedented drug crisis.”

“That is why, today, I am appointing 17 current and former federal prosecutors to serve as U.S. Attorneys on an interim basis. Each has excellent prosecution skills and the temperament necessary to succeed in this critical role—and they have already proven that with a number of accomplishments on behalf of the American people. I want to thank them for stepping up to take this difficult but noble job. I also want to thank those First Assistant United States Attorneys who temporarily stepped up to lead their offices as Acting U.S. Attorneys and who are now returning to their roles as First Assistants.”

The Attorney General has appointed the following individuals to serve as Interim United States Attorneys:
Shawn Anderson – Districts of Guam and the Northern Mariana Islands
Geoffrey Berman – Southern District of New York
Gregory Brooker – District of Minnesota
Craig Carpenito – District of New Jersey
Stephen Dambruch – District of Rhode Island
Richard Donoghue – Eastern District of New York
Dayle Elieson – District of Nevada
Duane Evans – Eastern District of Louisiana
Timothy Garrison – Western District of Missouri
Nick Hanna – Central District of California
Joseph Harrington – Eastern District of Washington
Grant Jaquith – Northern District of New York
Maria Chapa Lopez – Middle District of Florida
Kenji Price – District of Hawaii
Matthew Schneider – Eastern District of Michigan
Gretchen Shappert – District of the Virgin Islands
Alexander Van Hook – Western District of Louisiana

Following the mistrial based on Myhre’s violations of the law, he had the audacity to appeal to the court to retry the defendants.

Judge Navarro will make a ruling on January 8.

H/T RedoubtNews

[monty]

Monday January 8, Harry Reid’s handpicked Chief Judge for the District of Nevada will give her decision on the Cliven Bundy mistrial. Will it be with prejudice, or without prejudice or will she consider Ryan Payne’s motion to dismiss the superceding indictment? She probably is feeling the heat because the choice she makes may well determine what happens to her career.

Bundy Trial Landmark Day – January Eighth


THE INFORMATION THEREIN PROVIDES FURTHER EVIDENCE OF FLAGRANT GOVERNMENT MISCONDUCT.

January 4, 2018 BLM, Featured, Federal Courts, Opinion 1

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Bundy Trial Landmark Day – January Eighth

by Terry Noonkester


Judge Navarro is scheduled to rule on which classification of mistrial is appropriate for Cliven, Ryan and Ammon Bundy, and their co-defendant, Ryan Payne. The classification she decides on will make a huge difference and could bring anything from a retrial, or the end of this case. Her decision could also affect the other 15 defendants indicted in USA v Cliven Bundy et al.

Judge Navarro indicated that the remedy for the Brady violations she was seeking was only for the evidence that was in violation for missing the October 1st, 2017 deadline, which would indicate only the four defendants in this trial. On December 20th, when Navarro declared a mistrial, she mentioned two options. A mistrial without prejudice would allow the prosecution to retry the current four defendants; or a mistrial with prejudice would bar a retrial. The status of all other defendants in Cliven Bundy et al would remain as they were unless they individually appealed to a higher court. The lawyers representing the four defendants, and the prosecution filed their briefs, as instructed, on December 29th.

Myhre wrote in his brief;

…“The Brady violations found by the court are regrettable and benefit no one,”…. “But because the government neither flagrantly violated nor recklessly disregarded its obligations, the appropriate remedy for such violations is a new trial.”

Ryan Bundy’s brief, referred to the “Federal Rules of Criminal Procedure, Rule 26.3 Mistrial” that states;

“Before ordering a mistrial, the court must give each defendant and the government an opportunity to comment on the propriety of the order, to state whether that party consents or objects, and to suggest alternatives”… “The Rule ensures that a defendant has the opportunity to dissuade a judge from declaring a mistrial in a case where granting one would not be an abuse of discretion”.

Judge Navarro not only failed to give the defendants this opportunity, but when Ryan Bundy requested to comment, she refused to allow it. Because of Navarro not following this procedure, the mistrial should be with prejudice.
There is a third option that Navarro failed to mention but the defense lawyers have strenuously brought to her attention in the briefs they filed on December 29th. They are in favor of a “dismissal of the indictment, with prejudice”. The grand jury Indictment, the formal accusation that a person has committed a crime, would then be dismissed. This type of dismissal was the choice in the USA v Chapman case, also headed by Steven Myhre as prosecutor, dismissed with prejudice on May 06, 2008. A dismissal of the indictments would bolster the legal status of the other 15 defendants in all tier groups of the trials.

As the Chapman case was concluded, two new Assistant United States Attorneys appeared on behalf of the government to argue against dismissal. The district court listened to the arguments and then granted the defendants’ motion to dismiss an indictment with prejudice. Myhre had acted “flagrantly, willfully, and in bad faith”.

Such a severe finding regarding Myhre’s misconduct as the lead prosecutor did not stop him from becoming the Acting United States Attorney for the Southern District of Nevada. On the federal level, the Office of Professional Responsibility and the Inspector Generals Office were in the chain of command for disciplinary actions, but those institutions failed to protect the public from Myhre’s unethical prosecutions. The Nevada Bar Association was responsible for disciplinary actions at the state level.

When a prosecutor violates the defendants constitutional rights, the court is supposed to pay for their wrongdoing by giving the defendants an advantage. In USA v Cliven Bundy et al, the defendants seemed to be well on their way to an acquittal. It is clearly to their disadvantage to start over with a new jury. The prosecution would have the advantage of a fresh start with a new jury that might not see the same struggle the defense team had to make to overcome the Brady violations that blocked crucial evidence. The government witnesses that have already impeached themselves have learned not to get caught in some of their own lies. Giving the prosecution another chance to correct their mistakes would put the defense at a disadvantage and therefore ‘dismissal without prejudice’ should not even be considered.

A district court may dismiss an indictment on the ground of outrageous government conduct if the conduct amounts to a due process violation.  If the conduct does not rise to the level of a due process violation, the court may nonetheless dismiss under its supervisory powers. Judge Navarro had found the Brady violations in the Bundy trial were to the level of due process violations.

The nineteen men arrested for the Bundy Ranch Protest were indicted together by the same grand jury. The trial was later broken up into three tiers, each having their own trial for the courts convenience. That arbitrary division should not block any group or groups from the benefits of a dismissal of the indictment. In the best case scenario of dismissing the indictment with prejudice, Judge Navarro’s decision could help in termination of past plea bargains, convictions and both Tier 1 and Tier 2 group trials.

There is also evidence of worse prosecutorial misconduct that is not a part of the court record. Judge Navarro has not discussed this evidence, in the form of the ‘Wooton email’ publicly. This is the 17 page email plus a cover page written by BLM’s lead investigator of the Bundy case. Wooten held this position for nearly three years until he was removed on February 18th, 2017. Myhre requested Wooten’s removal from the Bundy investigation to Wooten’s BLM supervisor just the day or days before. Special Agent Larry Wooten’s summary of the email subject reads: “Bureau of Land Management Law Enforcement Supervisory Misconduct and Associated Cover-ups as well as Potential Unethical Actions, Malfeasance and Misfeasance by United States Attorney’s Office Prosecutors from the District of Nevada, (Las Vegas) in Referencer to the Cliven Bundy Investigation.”

There have been several sealed hearings in Judge Navarro’s courtroom since Larry Wooten’s email was made public by Washington State Representative Matt Shea and Shari Dovale of Redoubt News. Also, the “Motion to Dismiss” written by Public Defenders Brenda Weksler and Ryan Norwood in behalf of defendant Ryan Payne stated: “While violations already found by this court are already enough to justify dismissal, there remain other issues that have yet to be explored—notably those arising from (half a line of text redacted) provided to the defense on December 8, 2017.

The “Motion to Dismiss” continues; “The information therein provides further evidence of flagrant government misconduct, and a pervasive, willful failure to provide the defense exculpatory evidence. The Court should direct an extensive inquiry into the matter if it does not dismiss the indictment.” They later stated;
“THE INDICTMENT SHOULD BE DISMISSED WITH PREJUDICE”.
The attorneys give several court case examples that prove that the misconduct of the prosecution of the Cliven Bundy case fulfills the requirements to dismiss the indictment with prejudice, and then it continues with the statement; “The facts relied upon by the Chapman court to dismiss the case with prejudice pale in comparison to this case.”

Mixed in with heavily redacted pages is the following information; “The court should also hear evidence from the other parties directly involved with his dismissal, (redacted text), and Acting U.S. Attorney, Myhre,”…“A fair inquiry into circumstances (redacted text) will make the US Attorney a necessary witness, and will require their recusal from the case.” The heavily redacted text in this December 29th brief can be taken as a warning that there are still far too many governmental secrets involving this case.

The prosecution used false statements and hid evidence to make false charges against nineteen men indicted by the grand jury, the only remedy to preserve justice is to go back to the root of the deceit and dismiss the indictment, with prejudice.

U.S. Attorney General Jeff Sessions announced Wednesday, January 3rd, 2018, that Dayle Elieson will replace Acting U.S. Attorney Steven Myhre effective Friday, January 5th, 2018. Myhre will return to his role as First Assistant U.S. Attorney. Elieson was one of 17 interim U.S. attorneys appointed by Sessions in districts throughout the United States.

January 8th, 2018 will be a historic day, not only for the trial of USA v Cliven Bundy et al, but for many legal proceedings to come. Judge Gloria Navarro will decide between liberty and tyranny.

The Judicial Doctrine of Immunity states that “Immunity applies even when the judge is accused of acting maliciously and corruptly”…”Judicial immunity is not overcome by allegations of bad faith or malice,” the Supreme Court said in its opinion in Mireles v. Waco. The opinion went on to explain; “… judges lose their immunity only in two circumstances: when they are sued for a ‘nonjudicial action,’ like a personnel decision, or when they are sued for an action that, ‘though judicial in nature,’ was ‘taken in the complete absence of all jurisdiction.’”

However, the Supreme Court does not have the authority to block impeachment of a judge through the U. S. House of Representatives, an avenue that Washington D.C. attorney Larry Klayman may be taking with the complaint he has filed.

The climax to the USA v Cliven Bundy et al trial will be at the Lloyd George Federal District Courthouse, 333 S Las Vegas Blvd., Las Vegas, Nevada, 9:00 am on January 8th, 2018.

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[Jewboo]

LAS VEGAS — 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 Monday said the federal prosecutors' conduct was "outrageous" and "violated due process rights" of the defendants.

U.S. District Judge Gloria Navarro 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. She dismissed the charges against the four men "with prejudice," meaning they cannot face trial again.

As the courtroom doors opened after Navarro's ruling, a huge cheer went up from the crowd of spectators gathered outside.

Charges dismissed against the four men "with prejudice,"