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Bundy's Free, Case Dismissed

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#1
https://www.zerohedge.com/news/2018...-mistrial-judge-dismisses-case-against-bundys

After declaring a mistrial just weeks ago amid 'epic corruption', a U.S. judge on Monday dismissed the criminal case against Nevada rancher Cliven Bundy and three other men on charges stemming from an armed 2014 standoff with federal law enforcement officers over a cattle grazing rights dispute.





As AZCentral.com reported three weeks agos, Navarro cited five key pieces of information that prosecutors did not disclose: records about surveillance and snipers at the Bundy Ranch; unredacted FBI logs about activity at the ranch in the days around the standoff; threat assessments about the Bundys dating to 2012; and internal affairs reports about the BLM.

Navarro methodically laid out her reasoning for about an hour, citing legal standards and case law, before delivering her ruling.

She said the evidence that was withheld could have been favorable to the accused and could have affected the outcome of the case.

Navarro stopped short of dismissing charges against the four men. It is unclear whether the case will be retried because Navarro did not rule whether the mistrial was with or without prejudice.



Navarro is considering dismissing the case “with prejudice” and blocking prosecutors from retrying the case. Her decision will come Jan. 8, according to The New York Times.

“There were approximately 3,000 pages that were provided to us only after we started trial,” Bundy lawyer Bret D. Whipple told TheNYT.

“I personally have never seen anything like this, especially in a case of such importance.”

Navarro had set another hearing for January and had tentatively scheduled a new trial to begin Feb. 26..

And now, as Reuters reports, she has made her decision.

U.S. District Judge Gloria Navarro cited multiple willful evidence violations by prosecutors in dropping the case, saying they prevented a fair trial and amounted to prosecutorial misconduct.

It is now clear that Cliven Bundy's son's opening statement:



"The indictment and grand jury testimony is full of lies. Truth has been blocked in previous trials.

Listen closely - we will try to get you the truth. The truth will set me free and I’m counting on you to help me see that."

Has been entirely vindicated.
 

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#2
https://theconservativetreehouse.com/2018/01/08/breaking-federal-judge-throws-out-case-against-cliven-bundy-with-prejudice-gross-prosecutorial-misconduct/#more-144332

BREAKING – Federal Judge Throws Out Case Against Cliven Bundy – “With Prejudice”, “Gross Prosecutorial Misconduct”…

Posted on January 8, 2018 by sundance
Wow. Follow up to THIS STORY – In a stunning rebuke to federal prosecutors a federal court judge has thrown out the case against Nevada rancher Cliven Bundy “with prejudice”. Bundy and his sons cannot be retried, and will walk free.



In order for a federal judge to completely dismiss a case of this significance indicates the court has found serious and compelling evidence of “gross misconduct” on the part of the prosecuting team.

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 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.

Cliven Bundy, his sons Ammon and Ryan Bundy, and militia member Ryan Payne were all in court. Cliven Bundy had remained in jail until the hearing; the judge ordered his immediate release.

Navarro on Dec. 20 cited six pieces of evidence the Nevada U.S. Attorney’s Office failed to disclose that was favorable to the defense and could have changed the outcome of the trial.

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.
“Failure to turn over such evidence violates due process,” Navarro said last month. “A fair trial at this point is impossible.” (read more)

 

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#4
I wonder if the Trump administration demanded this ruling (I hope so.) Also surprised that Navarro did the right thing, was expecting the Bundys to get railroaded.

Hope this entire story gets out, Bundy should write a book.