Freedom! Bundys Have Case Dismissed With “Prejudice”
After nearly two years of sitting in jail, Cliven Bundy will be free to go home and his sons and Ryan Payne will no longer be under the thumb of federal tyranny in Nevada.
These men will not face another retrial as Judge Gloria Navarro dismissed the case against them with “prejudice” on Monday.
AZ Central reports:
A federal judge on Monday said the federal prosecutors’ conduct was “outrageous” and “violated due process rights” of the defendants.
U.S. District Court Judge Gloria Navarro dismissed the charges against the four men “with prejudice,” meaning they cannot face trial again. She 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.
As the courtroom doors opened after Navarro’s ruling, a huge cheer went up from the crowd of spectators gathered outside.
Navarro’s decision comes less than a month after she declared a mistrial in case and found federal prosecutors willfully withheld critical and “potentially exculpatory” evidence from the defense.
The prosecution was said to have engaged in multiple “willful” Brady Violations, something he has a history of doing, by failing to turn over exculpatory evidence to the defense, and the previous trial was declared a mistrial.
“Failure to turn over such evidence violates due process,” Navarro said. “A fair trial at this point is impossible.”The evidence included:
- Records about surveillance at the Bundy ranch;
- Maps about government surveillance;
- Records about the presence of government snipers;
- FBI logs about activity at the ranch in the days leading up to standoff;
- Law-enforcement assessments dating to 2012 that found the Bundys posed no threat;
- Internal affairs reports about misconduct by Bureau of Land Management agents.
Prosecutor Steven Myhre was then demoted after the Justice Department looked into the matter, but they have failed to bring criminal charges against Myhre, something that should be done considering the irreparable harm he has done to the Bundys and their supporters, including those who took plea deals and those convicted who Myhre and the court refused to allow that exculpatory evidence in their cases.
More is sure to come out of this case in the coming days, and hopefully, we can begin demanding the DOJ prosecute Steven Myhre and his criminal accomplices in this matter to the fullest extent of the law.
Additionally, while I’m happy with the ruling from Judge Navarro, she is by no means innocent in all of this as she went right along with the prosecution until it became so clear that corruption was going on and she shut it down.
The people should seek for her to be impeached and removed from the bench, as well.
Here’s the Live report that will be archived from John Lamb outside the courthouse today.
Bundy Attorney: I Will Never Practice Law In Oregon Federal Court Again
In what is a historic day in federal court in Nevada and Oregon, as Judge Gloria Navarro dismissed the case with “prejudice” against Cliven, Ammon, and Ryan Bundy, along with Ryan Payne, Bundy attorney Marcus Mumford said he would never practice law against in Oregon federal court.
Mumford, who was tased and tackled in the courtroom by federal marshalls after his clients were acquitted of all charges in the Malheur Wildlife Refuge protest in 2016, said that he will never practice law in Oregon federal court again.
A federal judge was told by Mumford that he was voluntarily giving up his standing to practice law in federal court in Oregon.
Oregon Live reports:
Mumford effectively put an end to Judge Michael Mosman’s attempt to officially ban him in Oregon’s federal district.
The move also means that federal prosecutors can’t use any negative findings that might have been made in the Oregon case as they try to punish Mumford before the Utah State Bar.
Mumford announced in September that the U.S. Department of Justice had filed a Utah bar complaint against him to limit or stop him from practicing in Utah out of his Salt Lake City office.
Mumford and his attorney, Matthew Umhofer, left Portland’s downtown federal courthouse without making any comments. But Umhofer said he might have something to say later Monday after talking with his client.
A supporter of Mumford’s is Matt Schindler.
Schindler says that Mumford made a smart move that kept anything that occurred in the trial being used against him to disbar him. However, he added that there was a serious need for more attorneys like Marcus Mumford in the system.
“What we need far more of in our legal community are Marcus Mumfords,” Schindler said. “We have plenty of people who are polite.”
“We need people who give everything they have to give,” he added.
Federal Judge John Coughenour was the judge that met with Mumford and several other attorneys. As I pointed out in a report over the weekend, Judge Coughenour was the judge who allowed the criminal charges to be dropped against Mumford after he called out his accusers.
“As far as I’m concerned, that resolves the matter,” said Judge Coughenour.
At least Mr. Mumford will be able to continue to help others fight against the tyranny of an oppressive federal government.
Highlighting How The DOJ’s Brutal Tactics Are Creating Monsters
Brutal tactics used by out of control and unaccountable federal agents, and the unethical, immoral, and illegal persecution of suspects in the federal court system are creating monsters who feel that violence is the only way to obtain, “justice.”
Watch this excoriation of the prosecution and judge in the trial of Cliven Bundy, who have forgotten the maxim, “Those who do not remember the past are doomed to repeat it.”
“…the Lord is with me like a Mighty Warrior, so my persecutors will stumble and not prevail. They will fail and be disgraced, their dishonor will never be forgotten.” Jeremiah 20:11
Article posted with permission from Bobby Powell
Another major case has been thrown out due to prosecutorial abuse by the United States Department of Justice. We have previously discussed cases where federal prosecutors have withheld evidence and filed false or misleading statements to the court. Now, U.S. District Court Judge Gloria Navarro has issued a dismissal with prejudice against the Justice Department in the case against Cliven Bundy and his sons due to what Navarro describes as flagrant and knowing violations of professional ethics and federal law by the Justice Department. In past cases, the Justice Department has shown little commitment to discipline, let alone terminate, anyone for the violations (or the waste of millions of dollars). In this case, however, Attorney General Jeff Sessions has called for a review of the case.
Assistant U.S. Atty. Steven Myhre maintained that the federal team had simply “culled the database with witness protection in mind.” Navarro did not buy it for good reason.
The judge earlier detailed six different types of evidence withheld by the government. This evidence include the presence of an FBI camera on a hill overlooking the Bundy ranch. The DOJ mocked allegations by the defendants that there were devices planted near the ranch while knowingly withholding evidence of at least one such device. There were also maps and threat assessments that seemed to support the public statements by the Bundys that they were being surrounded. Some of these documents were linked to lead bureau special agent Dan Love, who was later fired by the agency. Other evidence showed that an agent did appear near the ranch in tactical gear and carrying a heavy weapon before the call went out for support.
The evidence would have led credence to the call by the Bundys for help in dealing with threats from the government.
Some of the most serious allegations, in my view, dealt with the withholding of threat assessments that concluded that the Bundy did not represent a likely threat of violence. Such assessments were developed by the FBI Behavioral Analysis Unit, the Southern Nevada Counter Terrorism unit, the FBI Nevada Joint Terrorism Task Force, the Gold Buttle Cattle Impound Risk Assessment and the Bureau of Land Management.
The result has been the expenditure of millions on prosecutions based in part on some troubling theories and advanced through unethical means. Yet, there is not even a suggestion of discipline from Main Justice, which is why this pattern will continue in federal courts. The Justice Department has never shown a particularly credible record of policing its own ranks. The Brady violations reflect the absence of any real deterrent due to this culture of tolerance and willful blindness at Main Justice. Hopefully, the review ordered by Sessions will result in real changes and actions by Main Justice to deal with this persistent problem. However, in seeking changes, Sessions will face a bureaucracy with a proven record of resistance to reform.
Related previous posts on this post