Armed Feds Prepare For Showdown With Nevada Cattle Rancher

[monty]

Maxine Bernstein form Oregon Live on Twitter

https://mobile.twitter.com/maxoregon...09103489675267

https://pbs.twimg.com/profile_images...5SiQT9_x96.jpg




Maxine Bernstein@maxoregonian
NV federal prosecutors' motion to dismiss indictment against Mel Bundy, Dave Bundy, Joe O'Shaughnessy and Jason Woods #bundytrial is here:









(link: https://www.documentcloud.org/docume...iningdefs.html) documentcloud.org/documents/4372…
6:19 PM · Feb 7, 2018

[monty]

The government also filed a motion asking the court to reconsider the dismissal with prejudice against Cliven, Ammon, Ryan Bundy and Ryan Payne

Case 2:16-cr-00046-GMN-PAL Document 3175 Filed 02/07/18 Page 1 – 29

Page 29 / 29
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2:16-CR-46-GMN-PAL
GOVERNMENT’S MOTION TO
RECONSIDER ORDERS DISMISSING
INDICTMENT WITH PREJUDICE
[ECF Nos. 3116, 3117, 3122]
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[monty]

Carol Bundy wrote in the Bundy Ranch facebook on yesterday’s DOJ memos. She says only the judge knows what she will do.


https://scontent-dft4-1.xx.fbcdn.net...b9&oe=5B2319A7

Bundy Ranch

8 hrs ·

Yes. The news is out that the government has filed to dismiss the charges against the remaining defendants and our 2 sons who still have charges pending against them will be truly free men. You may also have read that the government has filed a Motion for the Judge to reconsider her decision to dismiss the case against Cliven, Ammon, Ryan and Ryan Payne. The government wants another bite of the apple. I don’t know what the Judge will do—she’s the only one who knows that—but it’s clear that the government wants another swing at my family. God granted His blessings and protection over my family in the last misguided prosecution and I ask for your continued prayers that He continues to extend His protection.
Hug your family tight tonight.
Carol

https://scontent-dft4-1.xx.fbcdn.net...a7&oe=5B0F4D7C

[monty]

More details on yesterday’s motions from Maxine Bernstein @ The Oregonian-Oregon Live

Federal prosecutors urge judge to reconsider dismissal of case against Cliven Bundy

By Maxine Bernstein
mbernstein@oregonian.com
The Oregonian/OregonLive

Updated February 7, 2018 at 7:54 PM; Posted February 7, 2018 at 7:21 PM

Federal prosecutors in Nevada are asking a federal judge to reconsider her dismissal of charges against Cliven Bundy, his sons Ammon and Ryan Bundy and supporter Ryan Payne in their 2014 armed standoff over cattle grazing, arguing that her ruling was erroneous, ''unwarranted and unjust.''

They said U.S. District Judge Gloria M. Navarro failed to consider a less drastic remedy for the evidence violations she found.

In a motion filed Wednesday, the prosecutors also reiterated their unsuccessful argument that the evidence they failed to share until too late wouldn't have been admissible anyway because they didn't believe the defendants could argue that they acted in self-defense, were provoked or intimidated.

They urged the judge to consider the fallout from her Jan. 8 dismissal, suggesting it will endanger other federal officers who typically patrol remote public lands alone.

"This case has major ramifications for all public lands law enforcement officers,'' Elizabeth White, the Nevada U.S. attorney's appellate chief, wrote in a 29-page motion.

"Dismissing this entire case with prejudice, based on the government's non-disclosure of mostly duplicative evidence of law enforcement's pre-impoundment surveillance and preparation, would encourage the defendants, their supporters and the public to disrespect the law and the lawful orders of the courts.''
With prejudice means prosecutors can't seek a new trial.

The judge found that prosecutors didn't turn over evidence to defense attorneys that dealt with an FBI surveillance camera, federal snipers and other officers positioned outside the Bundy ranch in April 2014.
The senior Bundy, 71, Ammon Bundy, 45, and Ryan Bundy, 42, and Payne, 34, were indicted on conspiracy and other allegations, accused of rallying militia members and armed supporters to stop federal officers from impounding Bundy cattle near Bunkerville. Government authorities were acting on a court order filed after Cliven Bundy failed to pay grazing fees and fines for two decades. The outnumbered federal contingent retreated and halted the cattle roundup on April 12, 2014.

Navarro last month dismissed the Bundy prosecution, citing "flagrant misconduct" by prosecutors and the FBI in not disclosing evidence before and during trial. The judge listed six separate types of evidence withheld and ruled that each violation was willful.

She found the government misconduct was "outrageous'' and "egregious'' because the prosecution team and the FBI didn't give defense lawyers information that they had specifically requested.

The decision to file a motion to reconsider the dismissal instead of filing an immediate appeal is a tactical choice, federal legal experts said. The Nevada prosecutors may believe they can expand on arguments they made earlier and change the judge's mind, or they may want to include information that they hadn't presented before but believe they need to now to have in the court record before seeking an appeal.

Document: Transcript of U.S. District Judge Gloria M. Navarro's dismissal ruling

Document: Federal prosecutors' motion asking judge to reconsider

Document: Federal prosecutors' motion to dismiss with prejudice case against 4 other defendants

The Nevada U.S. Attorney's Office noted in its motion, as it previously had in December arguments, that the judge in a separate trial of standoff co-defendants last April rejected a defense request for a self-defense instruction to jurors, finding then that the record "belies the defendants' contention that the agents used excessive force.''

The prosecutors argued that the information about a surveillance camera, presence of FBI SWAT officers or snipers and officers at listening and observation posts around the Bundy ranch related to preparation between April 5 and April 8, 2014, for the cattle roundup.

That all came before a confrontation with federal officers on either April 9, 2014, when officers stunned Ammon Bundy with a Taser gun and knocked his aunt to the ground as they tried to block a federal convoy, or the April 12, 2014, standoff in the Toquop Wash near Bunkerville.

"To the extent the court's dismissal with prejudice is predicated on the materiality of the late-disclosed evidence to defendant's theories of 'self-defense, provocation and intimidation,'' it is in error,'' White wrote. "The government's 'failure' to produce information to help the defendants develop a 'defense' they had no right to make does not violate Brady.'' Brady is the 1963 landmark U.S. Supreme Court case that requires prosecutors to share any evidence that may be favorable to the defense.

Navarro, however, specifically addressed those concerns in her dismissal ruling.

She said prosecutors were "well aware'' that theories of self-defense, provocation and intimidation might become relevant if the defendants could provide sufficient proof to the court, noting it was part of a prior court order entered in the case.

In their latest motion, prosecutors argued that the dismissal of the case with prejudice was a "drastic measure.'' They argued the court could have dismissed one or more charges or dismissed the case without prejudice, allowing a new trial.

They suggested that the court could have ordered that the evidence provided too late wasn't to be presented at trial or removed the conspiracy charge in the federal indictment, which alleged that defendants used deceit and falsely told supporters that the Bundy ranch was surrounded by snipers. The judge also could have dismissed an extortion charge, which alleged defendants used social media in aid of the allegation, they argued.

"Dismissal of one or more counts would be an extreme sanction, to be sure, but less drastic than dismissing the entire indictment, and more appropriate given the nature of the Brady violations the Court found,'' the prosecutors wrote.

Ryan Bundy, reached by phone Wednesday night, said he wasn't worried.

"Number one, the judge slammed them,'' he said. "It's ridiculous to think anything could come of that.''

Also Wednesday, federal prosecutors asked the judge to cancel the scheduled Feb. 26 trial for remaining defendants Mel Bundy, David Bundy, Joseph O'Shaughnessy and Jason Woods, and dismiss their case with prejudice, in light of the dismissal of the case against the lead defendants and the government's request that the judge reconsider that ruling.

-- Maxine Bernstein
mbernstein@oregonian.com
503-221-8212
@maxoregonian

[Dachsie]

...https://www.youtube.com/watch?v=3-6zqDvoYNg...

Jason Goodman's Excellent Interview with Larry Klayman of Freedom Watch
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CATWALK
Published on Jan 13, 2018
Jason Goodman with Crowdsource the Truth https://www.youtube.com/watch?v=e6F78...

Larry Klayman is a the founder of Government Watchdog Group Freedom Watch and a champion of justice.

_______

Find it kind of interesting all the religious factions mixed in on the Bundy Case.

Apparently Larry Klayman was very much involved in defending Bundy's - not sure. In the first half of this video, Larry Klayman really got my American patriot sentiments stirred up, but then the letdown...

In the second half of the interview, at 46:08, with Jewish person, Jason Goodman, Jewish person Klayman who is a "Christian Zionist" says...

“A recognition that the state of Israel was given to the Jewish people, and by extension, to Christians including Jesus who was a rabbi by God, and this is our promised land. Moses wondered for forty years to find the promised land in the Sinai and Israel, and this is why evangelical Christians are bigger supporters by far of the state of Israel than Leftist Jews, because to them that’s important to their heritage of not just the Old Testament but the New Testament and the coming of Jesus Christ.

So being a Zionist simply means that you believe that God gave you that land. I believe that he did, and if anyone doesn’t like it, too bad.”

Interviewer, Jason Goodman then said: “Yeah, I agree, too bad.”

_________

No traditional Catholics chiming in on Bundy Case from that perspective but I will just say that traditional Catholics can give you several verses in the Old Testament that say that ALL, repeat ALL, of God's land promises to the the chosenites were fulfilled during Old Testament times.

We are in the New Covenant time and it is not about any precious piece of land in the Middle East. Jesus said my Kingdom is not of this world.

The New Covenant is a whole new ball game and Jesus and the apostles made that clear many times in the New Testament. The whole concept of "Christian Zionism" is a big ridiculous oxymoronic lie.

____

Also want to comment that Jews like Bernstein and Goodman do not really support Christianity but feign support of Christian Zionism.

Also in the mix are the Mormon Bundys and that Judeo-Masonic religion is very supportive of Christian Zionism viewpoint though Momonism is NOT Christian in any definition of the term. However they do pass out King James bibles and act as though they have something to do with that brand of Christianity.

The Mormons are the big experts of the Constitution and consevative patriotism.
______________

This mormon, Christian Zionism, Israel First, aspect of the John Birch Society, THE conservative patriot group, is why many well known conservatives dropped out of that organization early on and called it "controlled opposiition."



As I understand it, the Hammonds are still incarcerated and do not really know where that case stands.

Just sayin'

[Tumbleweed]

Dachsie I believe the Bundys are true Israelites that are descendants of Jacob/Israel but they were mislead by Joseph Smith. The people who call themselves Jews are really Canaanites and Edomites that Jesus identified as the children of the devil.

[monty]

This is important. If this federal judge does get a special council to investigate and criminally charge the corrupt prosecutors in the Michael Flynn case perhaps it opens the door for charging Steven Myhre and his accomplices in the Bundy Ranch trials, or does this only apply on a case by case basis?

Unrolled thread from @Cernovich

11 tweets 12 hours ago

Huge scoop. Like my other big stories (Susan Rice, security clearances, Conyers) will take media a long time to confirm.

You know how Peter Strzok's system didn't back up.

You know why?

McCabe altered his 302 of the Flynn interview, and deleted all history of revisions.


The FBI cannot provide a *clean* history of revisions for the 302 interview with General Flynn.

That's why Judge Emmett Sullivan, who is very tough on unethical prosecutors, had ordered the Special Counsel to disclose exculpatory evidence, which would include these revisions.


The IG knows McCabe changed Peter Strzok 302 / notes with General Flynn.

Yet issuing a report to this effect would call thousands of FBI investigations into question.

It's full on freak-out mode, as no one know how to spin this.


Why did a federal judge order Muller to disclose exculpatory evidence AFTER Flynn pled guilty?

Do you know how unusual this is? Flynn waived the right to exculpatory evidence in his plea deal.

That's because the 302 was altered, and everyone knows it.


Who is Judge Emmett Sullivan?

*This* is Judge Sullivan:

"A federal judge took the extraordinary step of naming a special prosecutor to investigate whether the government lawyers should themselves be prosecuted for criminal wrongdoing."

nytimes.com/2009/04/08/us/…


"2 Prosecutors in Case of Senator Ted Stevens Are Suspended"

Who was the judge who demanded they be investigated - which almost never happens, as federal judges are boot lickers for DOJ?

The same judge assigned to Flynn's case. Judge Sullivan.

nytimes.com/2012/05/25/us/…


How corrupt is Obama's DOJ?

They cleared the prosecutors who framed an innocent man.

washingtonpost.com/news/federal-e…


You don't think Obama's DOJ framed people?

They were caught doing this!

It's literally not debatable.

The Feds trained under Obama frame people for crimes.

https://media.npr.org/assets/img/201...3b1.jpg?s=1400






"The 500-page report by investigator Henry F. Schuelke III shook the legal community, as law professors described it as a milestone in the history of prosecutorial misconduct."

This was Obama's Department of Justice.

This is who framed General Flynn.

https://media.npr.org/assets/img/201...3b1.jpg?s=1400Why do you think General Flynn is laying low?

He is beloved by the public, and could be doing books and speaking to raise money.

His legal team knows McCabe altered the 302s, and they are letting the process work.

A HUGE MISTAKE, but Flynn's lawyer is old and doesn't get it.


For those journalists who want to check out if I know...

Ask Flynn's lawyers...

Did they specifically say they would withdraw from representation if he did any media?

(Hint: They did, this is terrible advice, and people close to Flynn are frustrated he followed it.)





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[monty]

Todd Engle’s rebuttal to the government and why his sentence should be vacated

https://i1.wp.com/itmattershowyousta...19%2C419&ssl=1

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Case 2:16-cr-00046-GMN-PAL Document 3204 Filed 03/05/18 Page 1 – 15

Document on Sribd won’t embed

Docket # 3204- Todd’s consolidated Reply to the USAO Opposition to his recent motions.

[monty]

Apparently there is a second Wooten memeo that is more damaging than the first. It sounds like this memo may benificial to Todd Engel who was wrongly convicted by the .gov witholding exculpatory evidence from his defense.

With all that has been revealed about the corruption in the FBI, BLM, US DoJ, United States Federal Courts by the Malhuer protest, Bundy Ranch and the current revelations of the criminals in government’s highest levels in Washington D.C. nobody is held accountable. I think the reason the people aren’t up in arms is because most want and depend on government to take care of them.

Todd Engel9 hrs · Rathdrum, ID ·

UPDATE!!!

Spoke to Todd today and with much excitement in his voice he told me that a Wooten memo #2 has been sent to the Prosecution and the DOJ. Prosecutors are trying to get it sealed so no one can see it, as per Todd. Apparently it is MORE incriminating than the first memo and states there are other BLM agents willing to testify to the fact the govt has been lying etc. It also references Todd in the memo by name saying the Govt specifically lied about what Todd was specifically doing that day at the wash etc. The prosecution, who apparently has had death threats that they noted in their response to previous motions. They even told Todd's attorney that they would not release a copy of the memo and if he wanted to know what was in it then he would need to come down to their office and read it and take notes!! Which he did and apparently it IS more damning than the first memo and should lead to some positive results for our friend Todd and he others still affect by this atrocity.

I hope I got the message conveyed properly as I was writing as Todd was talking in his excitement! Please continue to pray and Todd gives a big thank you to everyone that has supported him and asked us to let everyone know he is in good spirits and hopes to see everyone soon! We will update when we know more!!

Doug and Deanne Nosworthy

[Cebu_4_2]

http://theamericanfreedomparty.us/ju...-bars-retrial/

Judge Dismisses Case Against Bundys, Bars Retrial

THis already posted or April fools post?

Web Team | January 21, 2018 | Comments (0)

The Washington Times reports:
Navarro admonished government for “flagrant prosecutorial misconduct” and withholding evidence

Nevada rancher Cliven Bundy could have spent the rest of his life in jail, but instead he walked away Monday a free man, the case against him and his sons thrown out over what the judge decried as “outrageous” misconduct by federal prosecutors.

In a stunning rebuke, U.S. District Court Chief Judge Gloria Navarro scolded the prosecution for violating the due process rights of the four defendants — Cliven Bundy, his sons Ammon and Ryan, and Ryan Payne — and dismissed the case “with prejudice,” meaning they cannot be retried on felony conspiracy and firearms charges stemming from the 2014 Nevada standoff.

https://twt-thumbs.washtimes.com/med...b7c9963cdb178e
“The court finds that the universal sense of justice has been violated,” said Judge Navarro, appointed to the bench by President Barack Obama in 2010, as reported by the Arizona Republic.

Wearing a cream-colored cowboy hat, the 71-year-old Bundy was greeted by cheers from dozens of well-wishers as he emerged from the federal courthouse in Las Vegas with his arm around his wife, Carol Bundy.

“How am I feeling? Well, I tell you, I’ve got my sweetheart beside me and I’m feeling pretty good,” said Mr. Bundy in video posted by KSNV-TV in Las Vegas. “I’m not used to being free, let’s put it that way. I’ve been a political prisoner for right at 700 days today.”

He insisted, “I come in this courtroom an innocent man, and I leave an innocent man.”

The dismissal brought a dramatic close to the high-profile case three weeks after Judge Navarro declared a mistrial, citing the prosecution’s willful withholding of evidence related to the armed standoff with the Bureau of Land Management at the Bundy ranch near Bunkerville.

The decision also comes as the latest and most devastating in a series of failures for the Justice Department in its ongoing battle against the Bundys and their supporters in trials in Nevada and Oregon.

In October 2016, an Oregon jury acquitted Ammon and Ryan Bundy, as well as five others, on felony conspiracy and firearms charges from their 41-day armed occupation of the Malheur National Wildlife Refuge.

Ammon and Ryan Bundy were also released on Monday, but Ryan Payne of Montana is expected to be transported to Portland, Oregon, for sentencing after entering a guilty plea for his role in the takeover.