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"His position is that he should be subject to Nevada law and not federal law," Bundy's attorney, Joel Hansen, told me after the hearing in front of the Lloyd George federal courthouse. "And so, because of that position, he doesn't recognize that he should be here."
A. Subject Matter Jurisdiction
Bundy appears to argue in his Motion to Dismiss #4) that the Complaint (#1) should be dismissed because this Court lacks jurisdiction since Article IV of the Constitution cannot be imposed upon him. Bundy claims that he is a citizen of Nevada and not a citizen of a territory of the United States, and he also quotes religious texts. [*6] Bundy also brings in the Property Clause, the Commerce Clause and International Treaty laws. None of these statutes, laws or other citations is relevant to the jurisdictional issue.
IT IS ORDERED that Defendant's Motion to Dismiss (#4) is DENIED.
C. Federal Lands
Bundy argues the federal [*13] government cannot
have authority over lands "inside an admitted state." See
Motion to Dismiss (#4), p. 10. That argument must fail
because federal lands located within states are federal
territories under federal jurisdiction
"Cliven has known that this might happen for the last 20 years," says his attorney, Joel Hansen.
Bundy claims that he is a citizen of Nevada and not a citizen of a territory of the United States, and he also quotes religious texts.
originally posted by: AshOnMyTomatoes
Bundy claims that he is a citizen of Nevada and not a citizen of a territory of the United States, and he also quotes religious texts.
Why are people rallying around this nutjob again?
originally posted by: AshOnMyTomatoes
Why are people rallying around this nutjob again?
Court lacks jurisdiction since Article IV of the Constitution cannot be imposed upon him. Bundy claims that he is a citizen of Nevada and not a citizen of a territory of the United States
originally posted by: reeferman
a reply to: Olivine
Court lacks jurisdiction since Article IV of the Constitution cannot be imposed upon him. Bundy claims that he is a citizen of Nevada and not a citizen of a territory of the United States
fools & idiots one & all.
Bundy is correct that federal courts have limited jurisdiction. However, this Court has jurisdiction under 28 U.S.C. §§ 1331 and 1345. Section 1331 provides that: "[t]he district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States." 28 U.S.C. § 1331; Duncan v. Stuetzle, 76 F.3d 1480, 1485 (9th Cir. 1996). Section 1345 provides that: "the district courts shall have original jurisdiction of all civil actions, suits or proceedings commenced by the United States ..." 28 U.S.C. § 1345; Page 2 1998 U.S. Dist. LEXIS 23835, *2 United States v. State of Hawaii, 832 F.2d 1116, 1117 (9th Cir. 1987).
originally posted by: Olivine
Yesterday, Cliven Bundy was in court in Las Vegas, Nevada to face federal charges stemming from his 2014 standoff with the Bureau of Land Management.
He faces 16 felony charges.
In court, Bundy stated, "I make no plea before this court." The judge entered a plea of "Not guilty" for him.
According to Bundy's lawyer:
"His position is that he should be subject to Nevada law and not federal law," Bundy's attorney, Joel Hansen, told me after the hearing in front of the Lloyd George federal courthouse. "And so, because of that position, he doesn't recognize that he should be here."
He remains in custody and will return to federal court next Thursday for a detention hearing. His trial is set to begin May 2nd.
news3LV
Now, here is the thing. Cliven tried this specific tactic back in 1998. It did not work.
Please see United States of America V. Cliven Bundy, 1998
A. Subject Matter Jurisdiction
Bundy appears to argue in his Motion to Dismiss #4) that the Complaint (#1) should be dismissed because this Court lacks jurisdiction since Article IV of the Constitution cannot be imposed upon him. Bundy claims that he is a citizen of Nevada and not a citizen of a territory of the United States, and he also quotes religious texts. [*6] Bundy also brings in the Property Clause, the Commerce Clause and International Treaty laws. None of these statutes, laws or other citations is relevant to the jurisdictional issue.
This is the court's conclussion on the matter:
IT IS ORDERED that Defendant's Motion to Dismiss (#4) is DENIED.
C. Federal Lands
Bundy argues the federal [*13] government cannot
have authority over lands "inside an admitted state." See
Motion to Dismiss (#4), p. 10. That argument must fail
because federal lands located within states are federal
territories under federal jurisdiction
I'm really not certain why he thinks this argument will magically work this time.