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demmiblue

(36,918 posts)
Mon Jan 8, 2018, 02:39 PM Jan 2018

U.S. judge in Nevada dismisses charges against rancher Cliven Bundy and his 2 sons

Source: Chicago Tribune

Criminal charges have been dismissed against a Nevada rancher and his sons accused of leading an armed uprising against federal authorities.

Chief U.S. District Judge Gloria Navarro ruled Monday in Las Vegas that federal prosecutors acted with willful disregard for constitutional due process rights of 71-year-old Cliven Bundy, sons Ryan and Ammon Bundy, and Montana militia leader Ryan Payne.

The judge last month declared a mistrial after a month of proceedings for the same reasons.

Navarro severely criticized prosecutors for failing to properly turn over evidence to their lawyers.

Read more: http://www.chicagotribune.com/news/nationworld/ct-cliven-bund-charges-20180108-story.html

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U.S. judge in Nevada dismisses charges against rancher Cliven Bundy and his 2 sons (Original Post) demmiblue Jan 2018 OP
Just great. underpants Jan 2018 #1
Seriously? PatSeg Jan 2018 #2
Nevada judge dismisses case against Cliven Bundy and sons, says government cannot retry them. LenaBaby61 Jan 2018 #43
Yes PatSeg Jan 2018 #55
Reced for exposure. n/t PoliticAverse Jan 2018 #3
2nd example of prosecutorial malpractice marylandblue Jan 2018 #4
My guess too . Bundy supporters lunasun Jan 2018 #17
SO now it open season to have men pointing rifles at federal agents, and its also open season turbinetree Jan 2018 #5
You are missing the "flagrant prosecutorial misconduct" part... PoliticAverse Jan 2018 #11
But is it really misconduct? NCDem777 Jan 2018 #12
"In the course of the trial, Navarro found that prosecutors failed to share video surveillance, PoliticAverse Jan 2018 #14
That's a rather big no-no. Idiots. DeadLetterOffice Jan 2018 #34
Ouch, yeah prosecutors cannot do that period Amishman Jan 2018 #45
It became evidence worthy once the defense started taking that tack. janx Jan 2018 #54
"SO now it's open season to have men pointing rifles at federal agents." LenaBaby61 Jan 2018 #44
Good grief! pandr32 Jan 2018 #6
I have words, most of which would net me a visit from agent mikey niyad Jan 2018 #7
I have similar words, I'm sure Kristofer Bry Jan 2018 #18
welcome to du. agent mikey is just a shorthand for the surveillance world and its minions. niyad Jan 2018 #19
Re: Mikey Kristofer Bry Jan 2018 #65
yes, he did grow up to be an annoying twit. niyad Jan 2018 #67
He grew up to be the very personification janx Jan 2018 #68
And he DIDN'T Die in Vietnam! Kristofer Bry Jan 2018 #74
Seems like this type of thing should go before a review board. It would prompt review in my world. elias7 Jan 2018 #8
I like how most of the "evidence" NCDem777 Jan 2018 #9
No surprise DetroitLegalBeagle Jan 2018 #10
I was expecting this. Deliberate or just stupid. Lochloosa Jan 2018 #13
And it's silly because what POSSIBLE evidence could there BE that these guys didn't do exactly .. mr_lebowski Jan 2018 #15
If they weren't white hibbing Jan 2018 #16
So, Blue Lives Matter, what do you think of Cliven Bundy's clan pointing weapons at law enforcement? muntrv Jan 2018 #20
Who is the judge, who appointed her? Eliot Rosewater Jan 2018 #21
Harry Reid recommended her appointment to President Obama. n/t PoliticAverse Jan 2018 #23
President Obama madville Jan 2018 #24
So was it done on purpose by our new DOJ? Eliot Rosewater Jan 2018 #25
It doesn't appear that way. MosheFeingold Jan 2018 #33
Wrong. Don't blame the BLM, they aren't DoJ prosecutors. L. Coyote Jan 2018 #36
I'm not ready to go with bribes yet, janx Jan 2018 #64
Strategic decision to avoid a range war? Make them pay L. Coyote Jan 2018 #72
haha! janx Jan 2018 #73
Wiki: Keefer Jan 2018 #27
Obama appointee as well madville Jan 2018 #22
Intentional, if this was done by the DOJ that is. Eliot Rosewater Jan 2018 #26
Hate to make everything racial, however, Ferrets are Cool Jan 2018 #28
Republican values right there folks LakeArenal Jan 2018 #29
This is an POTUS Obama appointee that found prosecutor misconduct. AncientGeezer Jan 2018 #46
This is an POTUS Obama appointee that found prosecutor misconduct. LenaBaby61 Jan 2018 #49
How much money did we waste on this "good ol' boy" trial? Frustratedlady Jan 2018 #30
This is Definitely a Double Legal Standard. Is Everyone in the Courts Afraid of Retribution? dlk Jan 2018 #31
Surprise, Surprise, Surprise Cryptoad Jan 2018 #32
Purposefully bombing a criminal trial should land their asses in jail. L. Coyote Jan 2018 #35
Prosecutorial incompetence SHRED Jan 2018 #37
Right SCantiGOP Jan 2018 #39
Prosecutorial misconduct Moral Compass Jan 2018 #38
It begs the question SHRED Jan 2018 #40
I fully expect NCDem777 Jan 2018 #41
Why would that standard not apply to this admin then? AncientGeezer Jan 2018 #48
Yes I remember the crybabies NCDem777 Jan 2018 #50
Agreed. janx Jan 2018 #56
No it's not....you are advocating "pulling the trigger" on citizens. AncientGeezer Jan 2018 #58
No, I am not. janx Jan 2018 #61
They aren't citizens. They've renounced their citizenship NCDem777 Jan 2018 #66
So we continue to shoot..pull the trigger on citizens? AncientGeezer Jan 2018 #57
These people declare themselves Sovereign Citizens NCDem777 Jan 2018 #60
The government is no doubt going to have more janx Jan 2018 #71
Oh there's a simple way to deal with them NCDem777 Jan 2018 #75
And they got punished...1 a'hole needled..deader than hell. AncientGeezer Jan 2018 #59
Our laws make that call. janx Jan 2018 #62
The political party of any current administration doesn't matter to them. janx Jan 2018 #63
Actually, this was the correct decision. As much as I hate it. WhoWoodaKnew Jan 2018 #42
only answer is bluestarone Jan 2018 #47
Prosecutors should lose their jobs. Owl Jan 2018 #51
Don't sweat it. It's just a matter of time before the Bundy thugs are in trouble again. (nt) Paladin Jan 2018 #52
Here is an article about the prosecution's response janx Jan 2018 #53
Bundy still has not payed what he owes, and the cattle are still janx Jan 2018 #69
Figure Maxheader Jan 2018 #70
omg! look what those assholes got away with!! n/t orleans Jan 2018 #76

PatSeg

(47,768 posts)
2. Seriously?
Mon Jan 8, 2018, 02:43 PM
Jan 2018

She has given people permission to take up arms against the federal government, because there will be no consequences. Well provided you are a white man.

LenaBaby61

(6,979 posts)
43. Nevada judge dismisses case against Cliven Bundy and sons, says government cannot retry them.
Mon Jan 8, 2018, 06:46 PM
Jan 2018
She has given people permission to take up arms against the federal government, because there will be no consequences. Well provided you are a white man.


Yeah @ the bolded.

Can you see African-Americans doing what the Bundy Bunch did and getting away with it?

Better yet, surviving what the Bundy's did, because you know they'd bomb the place and kill all of them.

PatSeg

(47,768 posts)
55. Yes
Mon Jan 8, 2018, 08:10 PM
Jan 2018

A black man could be shot dead just for appearing like he has a gun, but white men can brandish military style weapons about and get a slap on the hand and are featured on cable news.

turbinetree

(24,745 posts)
5. SO now it open season to have men pointing rifles at federal agents, and its also open season
Mon Jan 8, 2018, 02:45 PM
Jan 2018

to just run willy nilly over FEDERAL LAND, when ever you want to and bilk the public............................

These traitors and that's what they are are traitors.....................


What part of due process am I missing here...........................









 

NCDem777

(458 posts)
12. But is it really misconduct?
Mon Jan 8, 2018, 02:57 PM
Jan 2018

Law enforcement saying mean things about suspects is hardly new. Or evidence worthy.

PoliticAverse

(26,366 posts)
14. "In the course of the trial, Navarro found that prosecutors failed to share video surveillance,
Mon Jan 8, 2018, 02:59 PM
Jan 2018

maps and FBI interview reports with defense attorneys."

Amishman

(5,559 posts)
45. Ouch, yeah prosecutors cannot do that period
Mon Jan 8, 2018, 06:56 PM
Jan 2018

Either hated them and crossed the line trying for a conviction, or intentionally screwed up to toss the case.

Completely awful outcome but the judge was put into a corner by the asshat prosecutor. Due process must be upheld

janx

(24,128 posts)
54. It became evidence worthy once the defense started taking that tack.
Mon Jan 8, 2018, 08:04 PM
Jan 2018

That was part of the problem. The defense was throwing so much at the wall that once they hit that point, the evidence became relevant in the judge's mind.

And believe me, they were throwing every amount of militia, sovcit, fringe-Mormon cult stuff you can imagine. This is no longer your basic Sagebrush Rebellion.

LenaBaby61

(6,979 posts)
44. "SO now it's open season to have men pointing rifles at federal agents."
Mon Jan 8, 2018, 06:48 PM
Jan 2018

What you're saying is true, but it ONLY applies to white males.

Not to anyone else.

 

Kristofer Bry

(175 posts)
18. I have similar words, I'm sure
Mon Jan 8, 2018, 03:08 PM
Jan 2018

Even though I don't know who Agent Mikey is. Jesus Christ, seems they had less trouble convicted TED Bundy than Cliven!

 

NCDem777

(458 posts)
9. I like how most of the "evidence"
Mon Jan 8, 2018, 02:50 PM
Jan 2018

is that law enforcement said mean things.

If a black guy got away with a crime because police said mean things, all of Bundy's supporters would be screaming about political correctness.

DetroitLegalBeagle

(1,928 posts)
10. No surprise
Mon Jan 8, 2018, 02:51 PM
Jan 2018

Judges typically aren't a happy when the prosecutor withholds evidence because its beneficial to the defendants.

 

mr_lebowski

(33,643 posts)
15. And it's silly because what POSSIBLE evidence could there BE that these guys didn't do exactly ..
Mon Jan 8, 2018, 03:02 PM
Jan 2018

what they were accused of? They're on camera, they've admitted it, they wrote missives from the property saying they did it ... it couldn't BE more cut and dry.

Ergo, I don't see any conceivable way that this case was not purposefully 'thrown' by the prosecutors because there's ZERO chance that there was evidence that could've actually exonerated them.

There's no way that 'mean stuff that the cops said' (assuming that is what was not handed over) should have enough legal weight to outweigh the HUGE preponderance of evidence in the prosecutions favor.

This isn't like Mark Furman maybe furtively planting a glove cause he's a racist prick, ya know?

Assuming that the 'cops internal talk about the subjects' really IS the type of evidence in question, this ruling also opens the door to any defendant from now on to demanding 'the evidence' of basically every word every cop & prosecutor involved in their case in any way 'said about them', and getting mistrials if that info isn't handed over to their attorneys.

But of course it'd be selectively 'honored' ... i.e. mistrials granted ... for white and/or rich people.

madville

(7,413 posts)
24. President Obama
Mon Jan 8, 2018, 03:21 PM
Jan 2018

It looks like a legit case of malpractice/misconduct on the prosecution, someone should get fired over this.

MosheFeingold

(3,051 posts)
33. It doesn't appear that way.
Mon Jan 8, 2018, 04:20 PM
Jan 2018

It looks like the problems were systemic.

The Bundys are asshats and guilty, but the BLM is just so bad and mismanages things so badly, they don't get any support.

L. Coyote

(51,129 posts)
36. Wrong. Don't blame the BLM, they aren't DoJ prosecutors.
Mon Jan 8, 2018, 04:37 PM
Jan 2018

If the prosecutor is sympathetic to a guilty party, they can destroy the case by FUBARing it. The same thing happened in Oregon and Bundy's got off scott free there too. Maybe someone is paying out some big bribes?

janx

(24,128 posts)
73. haha!
Tue Jan 9, 2018, 04:05 PM
Jan 2018

Something like that.

WACO ruby ridge WACO ruby ridge WACO ruby ridge WACO ruby ridge WACO ruby ridge WACO ruby ridge WACO ruby ridge WACO ruby ridge WACO ruby ridge WACO ruby ridge WACO ruby ridge WACO ruby ridge WACO ruby ridge WACO ruby ridge

Ever the victims, always persecuted, etc.

Keefer

(713 posts)
27. Wiki:
Mon Jan 8, 2018, 03:24 PM
Jan 2018

Chief Judge of the United States District Court for the District of Nevada
Incumbent
Assumed office
January 1, 2014
Preceded by Robert Clive Jones
Judge of the United States District Court for the District of Nevada
Incumbent
Assumed office
May 6, 2010
Appointed by Barack Obama

https://en.wikipedia.org/wiki/Gloria_Navarro

Ferrets are Cool

(21,117 posts)
28. Hate to make everything racial, however,
Mon Jan 8, 2018, 03:27 PM
Jan 2018

if these people were black, they would have been shot on sight. JMO.

And, the ones doing the killing would have been exonerated.

 

AncientGeezer

(2,146 posts)
46. This is an POTUS Obama appointee that found prosecutor misconduct.
Mon Jan 8, 2018, 06:57 PM
Jan 2018

Prosecutors violated a defendants rights. We can hate the defendants but a fair trial should apply to everyone right?
This is a great example of Obama's ability to appoint great Judges..no?

LenaBaby61

(6,979 posts)
49. This is an POTUS Obama appointee that found prosecutor misconduct.
Mon Jan 8, 2018, 07:09 PM
Jan 2018

True.

She dismissed the case WITH PREJUDICE, finding that there was flagrant misconduct by prosecution and the FBI.

She had solid ground on with to make her ruling, but it STILL sucks that these racist ass all hell, law-breaking, right-wingers are FREE because we all KNOW that beauguard is not going to appeal this judges decision because he's ONE OF THEM .....

Frustratedlady

(16,254 posts)
30. How much money did we waste on this "good ol' boy" trial?
Mon Jan 8, 2018, 03:41 PM
Jan 2018

In the meantime, we're cutting Meals on Wheels, CHIP, etc., from people who could use the help.

I was surprised they were even able to seat a jury. You pat my back/I'll pat yours kinda situation.

dlk

(11,603 posts)
31. This is Definitely a Double Legal Standard. Is Everyone in the Courts Afraid of Retribution?
Mon Jan 8, 2018, 04:00 PM
Jan 2018

Laws were definitely and flagrantly broken. Why the tiptoeing around the perps? They belong behind bars!

SCantiGOP

(13,878 posts)
39. Right
Mon Jan 8, 2018, 04:49 PM
Jan 2018

If the prosecution did indeed trample on their rights and not turn over discovery items to his lawyers I support the judge throwing the case out. That is the only way we have to keep zealous prosecutors who are only interested in conviction rates from railroading innocent citizens.
That being said, yes it is obvious from what we saw on TV that these people were guilty and deserve to be punished. But the rule of law and the principle of "innocent until proven guilty by a jury of your peers" are more important than any single case.

Moral Compass

(1,537 posts)
38. Prosecutorial misconduct
Mon Jan 8, 2018, 04:47 PM
Jan 2018

While I hate the result it is even more infuriating that this result happened because of blatant, repetitive prosecutorial misconduct.

The saddest thing about this result is that this is going to embolden this particular wing of the right wing zealotry. These folks aren’t crazy enough as it is without help like this. One has to wonder if there was some sort of desire to have the case fail on the part of prosecution.

 

NCDem777

(458 posts)
41. I fully expect
Mon Jan 8, 2018, 05:53 PM
Jan 2018

that Bundy and his disciples will do this shit every time there's a Dem. Admin now.

Next time, said admin needs to order the trigger pulled. If the Bundys hide behind their children again, oh well.

 

AncientGeezer

(2,146 posts)
48. Why would that standard not apply to this admin then?
Mon Jan 8, 2018, 07:02 PM
Jan 2018

A BLM, Woman's march, Cub Scouts.. blocking roads or property...

Do you remember the blow back from Waco?

 

NCDem777

(458 posts)
50. Yes I remember the crybabies
Mon Jan 8, 2018, 07:11 PM
Jan 2018

bombing a Fed building. It should have resulted in a total clampdown on Y'allQaeda. Instead, we put on the kid gloves and allowed the cancer to fester.

 

AncientGeezer

(2,146 posts)
58. No it's not....you are advocating "pulling the trigger" on citizens.
Mon Jan 8, 2018, 10:35 PM
Jan 2018

You don't see why that's wrong?

 

NCDem777

(458 posts)
66. They aren't citizens. They've renounced their citizenship
Tue Jan 9, 2018, 01:50 PM
Jan 2018

The sovereign citizen movement says they are their own countries.

So if they're pointing guns at our citizens (even if they do work for the Feds) and invading American soil, they're committing an act of war.

 

NCDem777

(458 posts)
60. These people declare themselves Sovereign Citizens
Mon Jan 8, 2018, 10:49 PM
Jan 2018

IOW, they are citizens of their own countries, not of the U.S.

Applying their rules, I regard any sort of occupation of Federal land as a foreign invasion.

I expect my government to deal with foreign invasion harshly.

janx

(24,128 posts)
71. The government is no doubt going to have more
Tue Jan 9, 2018, 03:26 PM
Jan 2018

opportunities to do so. The "movement" has grown in recent years.

 

NCDem777

(458 posts)
75. Oh there's a simple way to deal with them
Wed Jan 10, 2018, 11:41 PM
Jan 2018

Give them what they want. And everything that goes with it.

If Bubba wants to declare himself a citizen of Bubbaland rather than the US because some Federal agency hurt his fee fee's, fine. Bubba cannot vote in American elections anymore. Nor can he or anyone in his house receive any sort of government aid. This includes Medicare and Social Security.

If he decides to get into a shooting war with the cops or the Feds, or take over American soil, he's not just a standard crook. He's committed an act of war. That doesn't go well. Just ask Hiroshima.

Assuming we don't put him in the ground, Bubba ain't going to a jury of his peers. That's for American citizens, not enemy combatants. Bubba goes to military tribunal.

Should Bubba decide that being a Sovereign Citizen isn't for him and that he'd prefer the benefits of being an American Citizen again, he can get an immigration lawyer and apply for citizenship.

Seeing that it's all or nothing will kill the movement. Right now, they're attracting people because they're allowed to do it buffet style.

 

AncientGeezer

(2,146 posts)
59. And they got punished...1 a'hole needled..deader than hell.
Mon Jan 8, 2018, 10:47 PM
Jan 2018

"total clampdown on Y'allQaeda."...do you decide who? Who makes that call on who to clamp down on...or pull the trigger on..? Can Dumpster make that call on you?
I'll bet you wouldn't like it if you were the target of a trigger pull.

janx

(24,128 posts)
62. Our laws make that call.
Tue Jan 9, 2018, 12:23 PM
Jan 2018

You know why Oregon State Police had to make that call, I assume--since you mentioned it.

janx

(24,128 posts)
63. The political party of any current administration doesn't matter to them.
Tue Jan 9, 2018, 12:34 PM
Jan 2018

"The Feds" are evil. Now, it is true that since this "movement" (cult) has grown, various conspiracy theories have been attached, like Uranium One, Hillary! (of course), evil Harry Reid, and Chinese solar farms--but ultimately it is the Evil Feds.

Here is a recent example of what I mean from a lame YouTube interview with Ammon Bundy:

janx

(24,128 posts)
53. Here is an article about the prosecution's response
Mon Jan 8, 2018, 07:54 PM
Jan 2018

to the judge's declaring a mistrial, along with a link to the brief written by the prosecution. The judge didn't buy it.

http://www.oregonlive.com/oregon-standoff/2017/12/nevada_prosecutors_seek_new_tr.html

janx

(24,128 posts)
69. Bundy still has not payed what he owes, and the cattle are still
Tue Jan 9, 2018, 02:22 PM
Jan 2018

trashing Gold Butte National Monument. I think the BLM needs to give this another go.

Maxheader

(4,374 posts)
70. Figure
Tue Jan 9, 2018, 03:06 PM
Jan 2018

the bundys will be on the hook for payments to the judge
from their speaking engagements with groups of white
domestic terriorists. Like themselves...

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