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Bunkerville Trial: Best Christmas Ever for the Bundy Defendants and Families!

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posted on Dec, 14 2017 @ 01:49 PM
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Ho ho ho!!!

So after much prosecutorial misconduct suddenly coming to light -- dare I say it? Like the Star of Bethlehem
-- The Bundy defendants have been released from jail, the jury has been released until further notice, and they may not be called back at all!!! According to a report from Monday, December 11:

The Las Vegas trial of Cliven Bundy, and others, began this morning after a long break of over a week. However, only about an hour and half into the hearing saw Judge Gloria Navarro release the jury for the remainder of today and tomorrow, later extending the time. She made comments indicating the jury may not be coming back at all. “The jury won’t be called back before [December 20th], if they are needed,” Judge Navarro said.

Is the Bunkerville Trial of the Century Finished?
Before releasing the jury, Judge Navarro spoke of "at least seven Brady violations," in which evidence favorable to the defense is not turned over by the prosecution under rules of discovery. She also mentioned "Giglio" violations, in which evidence was not turned over by the prosecution in a timely manner. Some of the exculpatory evidence withheld by the prosecution included --

...Threat Assessment reports, names of potential witnesses, reports from the Office of the Inspector General (OIG) reprimanding the BLM for not enforcing the court orders for years, and many more.


Unfortunately, not many specifics are known, as the judge has made sure of that.

After the jury was sent home, the courtroom was cleared of spectators so the principle players could immediately go into another of the now infamous super-secret sealed hearings.


But one account tells us that it was the Threat Assessment Reports, which determined the Bundys were NOT a threat:

Reliable sources have told me that the main reason that Judge Navarro agreed to the release of the defendants is because of the Threat Assessment Report. The government has relied upon this report to justify keeping the defendants incarcerated. They have claimed all along that the Bundy’s were violent, yet no one has produced evidence of these claims. The FBI did a Threat Assessment on the Bundy’s in the beginning that stated they were NOT a threat. The government has made every attempt to hide this report, yet it was finally revealed in court.

BLM & FBI Exposed or How the Bundy’s Got Out Of Prison

There are several more accounts of specific lies and violations and misconduct by the prosecutors and federal agents at the link.

This is quite a change of tune for the judge, after her many rulings against the defendants -- and their Constitutional rights -- during the first trial, starting with her refusal to grant bail and keeping them imprisoned for these last couple years, with much of that time in solitary confinement by the Bundys. But why??? The judge isn't stupid. She knew damn well what was going on before and aided and abetted the prosecution in their misconduct.

Could this be about the current Uranium One investigation and the Feds' efforts to steal the Hammonds' land in the process, indirectly leading to the Oregon Standoff? Or could there be more going on with the rumors about Harry Reid and his son wanting to take the Bundy's land for a Chinese energy company?

I suspect the trial is done. Whatever happens with the trial, I hope and pray that a full accounting of the prosecutors' misconduct is made public -- as well as the bad behavior of the BLM, FWS, FBI, and everyone else involved. I'm apparently not the only one:

Meanwhile, a group called Battle Born Media has filed an emergency motion with the court demanding the release of sealed motions in the case and an open hearing process on the violations of evidence rules by the prosecution.

Bunkerville Standoff: Judge Relaxes Pretrial Release, Emergency Filing Demands Open Process

The article above claims that there is a website somewhere leaking the court documents, and a link to that website on Gavin Seim's Facebook page, but I don't have a Facebook account and cant get to it -- and I can't find the link itself. If someone else can, please share it here!

There's some interesting reading here about how this evidence of prosecutorial misconduct could/will render previous convictions as well as the plea agreements in this case null and void: Plea Agreements, Convictions and Prosecutorial Misconduct

A little more reading:

The Clintons: is the Oregon standoff really about uranium?
This is a Reddit discussion with tons of links and background info: Hillary Clinton, Uranium One, and the Bundy BLM Protest




posted on Dec, 14 2017 @ 01:55 PM
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a reply to: Boadicea

A good Christmas present for all patriots I would say.



posted on Dec, 14 2017 @ 01:59 PM
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originally posted by: calwoodbutcher
a reply to: Boadicea

A good Christmas present for all patriots I would say.


And I would concur!



posted on Dec, 14 2017 @ 04:33 PM
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Now that is something I definitely did not see coming.

God bless em'. It takes quite a pair to stand up to any alphabet agency. Let alone be alive when it's said and done.
Congrats to whoever made this possible.



posted on Dec, 15 2017 @ 02:22 AM
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Brady and Giglio violations - the death knell for any prosecution. Since a jury was seated the charges in question could be dismissed with prejudice, meaning the prosecutor cant refile charges. However there are some exceptions to that IE new charges using new information.

For the life of me I never understood the mindset / rationale of a prosecutor concealing evidence that is exculpatory. If they have a slam dunk case then there is no reason to hide stuff from the defense.

Giglio violations occur when the prosecutor fails to disclose evidence about the credibility of the government witnesses (including law enforcement) to the defense when the defense asks for the info. A prosecutor is required to turn it over.



posted on Dec, 15 2017 @ 02:29 AM
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More abuse of power under the obama banner.

Good for the Bundy's!

Is the old man out too?

Hope they sue for malicious prosecution, damages and buggery.

What is gonna happen about the guy they killed?




posted on Dec, 15 2017 @ 04:49 AM
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originally posted by: Hewhowaits
Now that is something I definitely did not see coming.


I sure didn't either! I try to catch up on what's going on with the trial every so often, and this was the last thing I expected when I started looking yesterday.


God bless em'. It takes quite a pair to stand up to any alphabet agency. Let alone be alive when it's said and done.
Congrats to whoever made this possible.


Yes, indeed! It will be very interesting if/when details are released to the public, and find out how this all came down. But I give a whole lot of respect and admiration to the Bundys for standing their ground.

God bless em one and all!

ETA: I'm thinking those Public Defenders in Las Vegas deserve much of the credit here. They must have worked double time to sift through all the crap thrown at them by the prosecution and court to find the gems. I'm thinking they have some bright futures ahead of them -- and they earned it!


edit on 15-12-2017 by Boadicea because: (no reason given)



posted on Dec, 15 2017 @ 05:09 AM
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originally posted by: Xcathdra
Brady and Giglio violations - the death knell for any prosecution.


Yes, that's some serious stuff. If I'm not mistaken, isn't even one Brady violation possible grounds for a mistrial?


Since a jury was seated the charges in question could be dismissed with prejudice, meaning the prosecutor cant refile charges. However there are some exceptions to that IE new charges using new information.


Thank you -- I am expecting it to be dismissed with prejudice, especially since the judge stated the jury may not be needed again. But I wasn't aware of the possibility of new charges with new information. That doesn't seem likely in this case, but it's good to know.


For the life of me I never understood the mindset / rationale of a prosecutor concealing evidence that is exculpatory. If they have a slam dunk case then there is no reason to hide stuff from the defense.


You're right -- it doesn't make sense in any legitimate trial. I never thought this trial was legitimate though. These range wars have been going on for far too long. I think players in government got too big for their britches and thought they could make an example of the Bundys to shut everyone up... and have legal precedent to hold over everyone's heads. And that's not even taking into account the Uranium One deal and the Chinese energy deals, etc.


Giglio violations occur when the prosecutor fails to disclose evidence about the credibility of the government witnesses (including law enforcement) to the defense when the defense asks for the info. A prosecutor is required to turn it over.


Thank you again! I'm already familiar with Brady violations; I'd never heard of the Giglio violations before though.

I'm thinking that's about Dan Love and the IG report -- maybe more. I wonder if the defendants knew that there was an ongoing IG investigation into Dan Love and his office before the report came out? Or if they only knew and asked after it became public?
edit on 15-12-2017 by Boadicea because: formatting



posted on Dec, 15 2017 @ 05:18 AM
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originally posted by: burgerbuddy
More abuse of power under the obama banner.


Yup!


Good for the Bundy's!

Is the old man out too?


As of a couple of days ago, no, not yet, but by his own choice. He refuses to leave until all defendants are released and all charges are drop. He's doubling down.


Hope they sue for malicious prosecution, damages and buggery.


It would seem that they'd have an excellent case. I'd love to see THAT go to court. But I'd bet the Feds would offer a huge settlement to keep that from happening.


What is gonna happen about the guy they killed?



I'm not sure how this will play out for LaVoy's family. While the players are the same, the trials for the Bunkerville and Oregon standoffs were separate, so I'm not sure how much this can/will impact the wrongful death suit.

However, it also seems to me that because so many of the same players were involved, if the Finicum family's attorney does his due diligence, I'm sure he could find plenty in the new findings to use in the wrongful death suit.

But again, I expect the Feds will want to settle that pretty quick as well -- for exactly this reason.

Maybe XCathdra can tell us a little more what we can expect... Otherwise I guess we'll just have to wait and see.



posted on Dec, 15 2017 @ 05:48 AM
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a reply to: Boadicea







posted on Dec, 15 2017 @ 11:44 AM
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a reply to: burgerbuddy

I believe they identified the fatal shot's origin to an FBI agent. He stated he had not fired his weapon under oath. So he murdered Lavoy in cold blood as shot was fired before cause was established. They have charged him with, are you ready, pergury. I could be very wrong here. Heard this from someone else.



posted on Dec, 15 2017 @ 11:50 AM
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originally posted by: Boadicea
Yes, that's some serious stuff. If I'm not mistaken, isn't even one Brady violation possible grounds for a mistrial?

One Brady violation is enough to get the entire case dismissed with prejudice. Depending on the information withheld and the reasons behind it (mistakes do occur).



originally posted by: Boadicea
Thank you -- I am expecting it to be dismissed with prejudice, especially since the judge stated the jury may not be needed again. But I wasn't aware of the possibility of new charges with new information. That doesn't seem likely in this case, but it's good to know.

One of our resident lawyers on this site can answer this better but based on my experience new charges are rare and it all depends on the circumstance.



originally posted by: Boadicea
You're right -- it doesn't make sense in any legitimate trial. I never thought this trial was legitimate though. These range wars have been going on for far too long. I think players in government got too big for their britches and thought they could make an example of the Bundys to shut everyone up... and have legal precedent to hold over everyone's heads. And that's not even taking into account the Uranium One deal and the Chinese energy deals, etc.

This is where our opinions differ. Given Bundy's history and his actions i think the charges were warranted. I have no issues with people who disagree with and dont like the federal government. I have serious issues though when the reasons why someone did something revolve around them not recognizing the authority and legitimacy of the federal government. Redress of grievances is part of our Constitution and from everything I have seen Bundy did not try to resolve these issues through the proper channels. He just arbitrarily decided what laws are valid and what laws he didnt like and wouldnt follow.




originally posted by: Boadicea
Thank you again! I'm already familiar with Brady violations; I'd never heard of the Giglio violations before though.

I'm thinking that's about Dan Love and the IG report -- maybe more. I wonder if the defendants knew that there was an ongoing IG investigation into Dan Love and his office before the report came out? Or if they only knew and asked after it became public?


Don'y feel bad.. The only reason I know about it was from another legal case I was researching. The Giglio violation was mentioned and I had to research to see what the hell it was.

As for what the defendants knew I doubt it. I would think their lawyer knew what he was doing by requesting that info to start with. I know defense looks into the history of law enforcement officers however it usually revolves around cases where deadly force is used or a situation where a suspect / bystander is killed by other means (pursuits etc). I cant say i have ever seen it occur in a case like Bundy's but again im not a lawyer so it might be more routine than what I learned.

Slapmonkey might be a good place to start for more info on Giglio.

Either or I think given that Obama is now out of office I these types of prosecutions will become rare. Keep in mind though Bundy has a history in this area so I doubt he is completely in the clear.



posted on Dec, 15 2017 @ 03:14 PM
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a reply to: Xcathdra


This is where our opinions differ. Given Bundy's history and his actions i think the charges were warranted. I have no issues with people who disagree with and dont like the federal government. I have serious issues though when the reasons why someone did something revolve around them not recognizing the authority and legitimacy of the federal government. Redress of grievances is part of our Constitution and from everything I have seen Bundy did not try to resolve these issues through the proper channels. He just arbitrarily decided what laws are valid and what laws he didnt like and wouldnt follow.


I don't necessarily disagree with you about Bundy. But here's the thing: The federal agents/agencies had their own agenda, and never acted in good faith, and committed various acts of misconduct all along the way, all of which tainted and compromised any legal action they took against Bundy, and that's why I say it was never legitimate to begin with. If the Feds had behaved themselves, they never would have needed to compromise the trial with Brady and Giglio violations -- and Heaven only knows what else! It could also be argued that if the government had acted properly, that Bundy never would have felt any need to do what he did. I admire the Bundys' grit and integrity; I never thought much of their methods. But I dug into the history of the Bundy claims back at the time of the standoff, and into the Hammond claims at the time of the Oregon standoff, and into other claims and accusations from many interested parties. The federal agents and agencies have behaved very very badly, with little effort to rein them in by Congress -- despite at least two congressional hearings with testimony of their threats, intimidation and bully tactics. The IG's report against Dan Love is the first serious effort I know of to hold anyone accountable.

Interestingly enough, I just saw this:

EXCLUSIVE: Rep. Matt Shea Exposes BLM Atrocities

In an exclusive video interview with Redoubt News, Washington State Representative Matt Shea read from a letter he received concerning a BLM whistle blower named Larry Wooten....He states in the letter: "…the investigation revealed a widespread pattern of bad judgment, lack of discipline, incredible bias, unprofessionalism and misconduct, as well as likely policy, ethical, and legal violations among senior and supervisory staff at the BLM’s Office of Law Enforcement and Security."



As for what the defendants knew I doubt it. I would think their lawyer knew what he was doing by requesting that info to start with.


That makes sense. I just checked, and the IG Report was posted to the Office of Inspector General website on January 30, 2017... so I'm sure the attorneys were aware of it pretty quick after that (if not before).


I cant say i have ever seen it occur in a case like Bundy's but again im not a lawyer so it might be more routine than what I learned.


I'll defer to your informed opinion... but I gotta say I've never before seen a case like Bundy's! He's definitely one-of-a-kind

edit on 15-12-2017 by Boadicea because: formatting



posted on Dec, 16 2017 @ 08:42 AM
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Oregon Live posted a story that gives a little more back story on all this... and it sure ain't looking good for the Feds or the prosecutors!

BLM investigator alleges misconduct by feds in Bundy ranch standoff

A scathing memo from the lead investigator who assessed how federal officers handled the 2014 armed standoff with Nevada rancher Cliven Bundy accuses agents of far-reaching misconduct, recklessness and unrestrained antipathy toward the family.

The 18-page document, obtained Thursday by The Oregonian/OregonLive, is dated Nov. 27.

The lead investigator referred to would be one Larry Wooten:

...who had been the lead case agent and investigator for the U.S. Bureau of Land Management after the tense confrontation outside the patriarch's ranch near Bunkerville. Wooten also testified before a federal grand jury that returned indictments against the Bundys. He said he was removed from the investigation last February after he complained to the U.S. Attorney's Office in Nevada.


The memo described "heavy handedness'' by government officers as they prepared to impound Cliven Bundy's cattle. He said some officers "bragged about roughing up Dave Bundy, grinding his face into the ground and Dave Bundy having little bits of gravel stuck in his face.'' Dave Bundy, one of Cliven Bundy's sons, was arrested April 6, 2014, while videotaping men he suspected were federal agents near his father's ranch.

Wooten contends that supervisory agents failed to turn over required discovery evidence to the prosecution team that could help the defense or be used to question the credibility of a witness, as required by law.


The top agents also "instigated'' the monitoring of jail phone calls between defendants and their wives without consent from the U.S. Attorney's Office or the FBI...


Wooten accused Dan Love, the former special agent-in-charge of the cattle roundup for the Bureau of Land Management, of intentionally ignoring direction from the U.S. Attorney's Office and his superiors "in order to command the most intrusive, oppressive, large scale and militaristic trespass cattle impound possible.'' He described Love as immune from discipline...


Wooten said he learned from other agency supervisors that Love had a "Kill Book'' as a "trophy,'' in which he essentially bragged about "getting three individuals in Utah to commit suicide,'' following a joint FBI-BLM investigation into the alleged trafficking of stolen artifacts.

This Dan Love is one sick little puppy. And everyone knew it. And protected him. According to Wooten, just a couple days after approaching his supervisor about the misconduct and possible Brady violations:

...Wooten said his supervisor took him off the investigation and another Bureau of Land Management agent confiscated files from his office and from a safe in his office.

The material included computer hard drives, collected emails, text messages, case notes and "lessons learned,'' Wooten wrote.

"These items were taken because they contained significant evidence of misconduct and items that would potentially embarrass BLM Law Enforcement Supervision,'' the memo said. "I am convinced that I was removed to prevent the ethical and proper further disclosure of the severe misconduct.''


Wooten noted that he was ordered not to contact the Nevada U.S. Attorney's Office.


Wow. Just wow. This is how it's done, folks. How the system is rigged and compromised and corrupted beyond all recognition. Let's hope this is just the beginning of the public exposure and the fall of the public officials who have so grossly violated our trust... the bigger they are, the harder they fall!




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