DONATE

Saturday, December 16, 2017

Will Bundy Prosecution MISCONDUCT be Given Pass by Judge Navarro?


John R. Houk
© December 16, 2017

For decades the Bureau of Land Management (BLM Not to be confused with African-American racists pumping Black Lives Matter) has been utilizing bureaucratic rules and regulation (NOT CONGRESSIONAL LEGISLATION) to manipulate Western Ranchers use of their own land and/or Federal usurped land with excessive grazing fees to force Leftist Eco-Marxist agendas or protect Crony Capitalist agendas supported by the Left. Check out this BLM land grab assessment from the American Thinker in 2010:

The current practices of federal agencies provide a few clues. Although the only body authorized under the Constitution to buy or sell land for government purposes is Congress, the Bureau of Land Management (BLM) and other federal agencies like the Forest Service have for several decades deprived private property owners of their land (and cattle) at below market prices. The land is then leased back to its owners for a yearly fee. Land that predates the BLM is simply confiscated by way of litigation [i]. 

In one such case, a rancher named Wally Klump contested the BLM's rights to his land owing to the fact that his ranch predated the BLM by one hundred years. When Klump refused to move, he was held in contempt and sent to federal prison. The result should come as no shock, since internal BLM documents reveal that humans are viewed as a "biological resource" for the purposes of "ecosystem management activities." ('Sustainable' Poverty: The Real Face of the Leftist Environmental Agenda; By John Griffing; American Thinker; 8/25/10)

Exposing a latent Marxism and Crony Capitalism inherent in the BLM goes a long way to explaining rancher hostility to this Federal Agency’s despotism toward private ownership and traditional grazing rights is so important.

The Bundy family organized a rancher stand-off against the BLM despotism which was aided none other than by the FBI (currently embroiled in Leftist cover-ups of Obama Administration probable crimes). Unsurprisingly, the Dems and Obama Justice Department have used the full resources of the Federal government to eradicate the Bundy family no doubt to make an example to other ranchers resisting BLM despotism.

The Obama DOJ faced a couple of problems.

First in the Bundy led Oregon stand-off trials, all the big dog defendants were acquitted by a jury with only minor convictions of other defendants. Immediately after Bundy exonerations in Oregon, the Feds arrested the Bundys and other rancher allies over their Bunkerville stand-off to protect the family cattle from BLM confiscation and slaughter because the Bundys refused to pay exorbitant grazing fees. The fee disagreement was an already much used BLM despotic tactic to force ranchers to conform to environmental and crony Capitalist rules and regulations.

The second problem for the Obama DOJ led persecution of the Bundys and their allies is that juries were acquitting minor participants, having hung juries or convictions again on minor (yet unfair) obstruction of justice violations.

And third, the Obama DOJ lost their Kemosabe ally in Obama’s Administration ending in January 2017 and the expected Leftist successor (Crooked Hillary) lost the November 2016 election.

For the Bundys, point three might be the most important. Obama originally set-up Daniel Bogden as the Federal Attorney General in Nevada. Bogden experienced some swamp draining by U.S. Attorney General Jeff Sessions. BHO appointed Bogden in 2009. Apparently Bogden’s replacement Acting U.S. Attorney Steven Myhre is a part of the Bogden-Swamp. Federal Judge Gloria Navarro (an Obama Appointee) along with the rest  of the prosecution swamp have lost their Leftist political lifeline. This can be seen when Whistleblowers don’t fear Obamunist political reprisals.

Perhaps such is the case of Whistleblower BLM Investigator Larry Wooten. Wooten had put together an 18-page memo that explains how “the government employees engaged in a host of policy, ethical and legal violations” against the Bundy family before and during the Bunkerville stand-off in Nevada. The Bundy Defense Attorneys just recently saw this exculpatory evidence held back by the Prosecution. This sent the Obama appointed Federal Judge Gloria Navarro into enough of a tizzy that she sent the Jury home until she fully examined the memo.

I am willing to bet you have not read or heard a lick of this prosecutorial crisis from the Mainstream Media (MSM). Sadly, neither I have I run into any coverage by the still better disseminating Fox News channel.

I first heard of trial misconduct from a Tim Brown post in The Sons of Liberty Media under the title ‘After Prosecution “Missteps” in Bundy Trial, is it All Over? – Jury Sent Home, Will Be Called Back “If They Are Needed”’. That post is dated 12/13/17. After looking for other sources, I found the same Tim Brown post under the title “BUNDY PERSECUTION OVER? PROSECUTION MAKES BIG MISTAKE AT TRIAL, JURY DISMISSED” posted on 12/14/17 at Keep and Bear.

I enjoy reading Brown articles, yet I am certain Leftist too often dismiss him as a Far-Right Conspiracy Theorist. BUT SURPRISE dear Leftists, I have a couple of journalists from the Las Vegas Review-Journal and OregonLive.com. I am cross posting both even most of the info is repeated in both, there are tidbit differences that worth getting the full story. (azcentral.com has a decent post as well, but I find their website a bit difficult to scroll through: “Federal agent alleges U.S. misconduct, cover-up in Bundy Ranch trial”.)

JRH 12/16/17
***********************

By Rachel Crosby
December 15, 2017 7:42 pm




The possibility of a mistrial in the Bunkerville standoff case was amplified this month after defense attorneys received a scathing memo outlining sweeping allegations of misconduct by federal investigators and prosecutors.

According to the 18-page memo, obtained late Thursday by the Las Vegas Review-Journal but first viewed last week by defense lawyers, the government employees engaged in a host of policy, ethical and legal violations.

The document, dated Nov. 27, was penned by Bureau of Land Management investigator Larry Wooten, who had been tasked with assessing how the agency handled the 2014 armed standoff at Cliven Bundy’s ranch in Bunkerville. Wooten previously testified before the federal grand jury that returned indictments against the Bundys.

In his whistleblowing memo, which Wooten sent directly to the U.S. Department of Justice as a “last resort,” the investigator described pervasive misconduct by his fellow investigators, saying it reminded him of middle school. He argued that the behavior was so common and inappropriate that it could be “considered exculpatory and subject to trial discovery.”

Prosecutors handed over the memo last week, prompting defense lawyers to file a motion early Monday to dismiss the case, which already had been delayed a week over concerns that prosecutors were not sharing evidence with the defense in a timely manner. The memo is sealed and not part of the public court record.

Wooten said he repeatedly tried to report the allegations to his supervisors, who largely dismissed his observations. In February, Wooten was removed from the investigation after complaining to the U.S. attorney’s office in Nevada, according to the memo.

In reference to the ongoing Bundy case, Wooten said investigators openly referred to the Bundys and their supporters using several different profanities and sexually inappropriate terms. In an office presentation, Wooten’s supervisor also included altered and degrading photos of the defendants, according to the memo.

‘Clear prejudice’

Wooten went on to accuse agency officers of bragging about roughing up Dave Bundy, one of Cliven’s sons, in April 2014, citing comments about the officers grinding Dave Bundy’s face into the ground so much so that Dave Bundy had “little bits of gravel stuck in his face,” Wooten said.

“The misconduct caused considerable disruption in our workplace, was discriminatory, harassing and showed clear prejudice against the defendants, their supporters and Mormons,” Wooten wrote, later adding that, on two occasions, his supervisor asked him, “You’re not a Mormon, are you?”

He added that, for a period of time, one of his supervisors “instigated” the monitoring of jail calls between the defendants and their wives “without prosecutor or FBI consent,” though he noted that Steve Myhre, Nevada’s acting U.S. attorney and the lead prosecutor on the case, quickly put a stop to the practice.

In the memo, Wooten also described misconduct separate from the Bundy case, which extended to “citizens, cooperators from other agencies and even our own employees.”

He added that supervisors openly talked about other employees’ mental health and often shared derogatory opinions of higher level supervisors, and he noted that he filed a separate formal complaint to the BLM in reference to those allegations.

In reference to when the U.S. attorney’s office had Wooten pulled from the case, Wooten said a supervisor subsequently violated his privacy by ransacking his office and by seizing case files, investigative notes and personal documents, including medical records. Those items have not been returned, he said.

“I am convinced that I was removed to prevent the ethical and proper further disclosure of the severe misconduct, failure to correct and report, and cover-ups by (BLM) supervisors,” Wooten wrote.

Wooten went on to accuse Myhre, the case’s lead prosecutor, of relying on inaccurate talking points throughout his prosecution strategy and adopting a “don’t ask, don’t tell” attitude in reference to BLM misconduct.

Wooten added that, prior to the investigation, he held Myhre “in the highest of regards,” but after Wooten’s attempts to report sweeping misconduct went unheard and got him kicked off the case, he now believes Myrhe is clouded by “extreme” personal bias and “a desire to win at all costs.”

“Not only did Mr. Myhre in my opinion not want to know or seek out evidence favorable to the accused, he and my supervisor discouraged the reporting of such issues and even likely covered up the misconduct,” Wooten wrote.

The U.S. attorney’s office in Nevada declined to comment Friday.
U.S. District Judge Gloria Navarro is expected to reconvene court at 8 a.m. Wednesday.

‘Totally unusual’ case

It remains unclear if the explosive memo provides the defense a clear path to a mistrial.

UNLV law professor Ruben Garcia, who teaches professional responsibility, said the allegations, if true, are possible ethical violations that the State Bar of Nevada may investigate.

But for the purpose of the pending trial, Garcia said the decision is up to the judge.

“She’ll have to decide what is worthy of a dismissal, based on her standards and federal criminal standards,” he said.

Veteran Las Vegas defense attorney Tom Pitaro said the more common approach in situations of late discovery is to grant the defense extra time to analyze the new evidence and adjust their strategy. But, he added, given the extensive allegations and applicable case law, “Who knows?”

“This case of course has become so unique — just totally unusual,” he told the Review-Journal on Friday.

The 2014 standoff came after a years long legal dispute over grazing fees. Cliven Bundy had long contested the fees, which had been imposed for his continued, illegal use of federal land for cattle grazing.

In response, federal agents began rounding up and impounding the rancher’s cattle, but stood down after Bundy and a group of armed supporters protested the roundup and forced a shutdown of Interstate 15, garnering national media attention. The charges Cliven Bundy and his sons currently face stem from the standoff.

“The purpose of this narrative is not to take up for or defend the actions of the subjects of this investigation,” Wooten noted in the memo. “This investigation further indicated that instead of Cliven Bundy properly using the court system or other avenues to properly address his grievances, he chose an illegal, uncivilized, and dangerous strategy in which a tragedy was narrowly and thankfully avoided.”

Contact Rachel Crosby at rcrosby@reviewjournal.com
Follow @rachelacrosby on Twitter.
+++++++++

Updated Dec 15, 11:11 PM; Posted Dec 15, 1:36 AM




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.

Prosecutors shared it last week with defense lawyers for Bundy, his two sons and co-defendant Ryan Payne as they were in the midst of their conspiracy trial, but it's not part of the public court record.

The memo prompted Cliven Bundy's lawyer to file a motion early Monday to dismiss the case, already in disarray over concerns raised previously about the government's failure to promptly share evidence with the defense.

The judge sent the jury home for more than a week as she tries to sort out the claims and prosecutors scramble to save their case.

The memo comes from 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.

Then last month he sent a whistleblower email to the U.S. Department of Justice, alleging 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 Bureau of Land Management's Office of Law Enforcement and Security.

Wooten wrote that supervisory agents with the bureau repeatedly mocked the defendants in an "amateurish carnival atmosphere'' that resembled something out of middle school, displayed "clear prejudice'' against the Bundys, their supporters and Mormons, and prominently displayed degrading altered booking photos of Cliven Bundy and other defendants in a federal office and in an office presentation.

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 wrote, though the memo noted that Steven Myhre, Nevada's acting U.S. attorney who is leading the prosecution of the Bundys, stopped the practice.

Myhre couldn't be reached for comment late Thursday. On Friday morning, Trisha Young, a spokeswoman for the Nevada U.S. Attorney's Office, said the office declined to comment.

Cliven Bundy, sons Ammon and Ryan Bundy and Payne are accused of conspiring to block federal agents from enforcing court orders to confiscate family cattle on public land after Cliven Bundy failed to pay grazing fees and fines for years.

They're also accused of using or carrying a firearm in a crime of violence, threatening a federal law enforcement officer, obstruction of justice and extortion. Their trial began Nov. 14 in Las Vegas.

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, though Love eventually was fired from the bureau for misconduct in an unrelated case.

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.

Wooten said his supervisor took photos in a secure command post at FBI headquarters in Las Vegas of an "Arrest Tracking Wall,'' where photos of Cliven Bundy and co-defendant Eric Parker were marked with an "X'' over them, and emailed out the photos, although no photos were allowed to be taken in that area.

Wooten called prosecutors in the Bundy case and told Myhre and Assistant U.S. Attorney Nadia Ahmed, as well as FBI special agent Joel Willis, of his fears that his supervisors weren't sharing key witness statements with them.

On Feb. 16, Wooten said he asked Myhre if statements that Love made, such as "Go out there and kick Cliven Bundy in the mouth (or teeth) and take his cattle'' or "I need you to get the troops fired up to go get those cows and not take any crap from anyone'' would be considered evidence that must be shared with the defense. He said that Myhre replied, saying something like "we do now'' or "it is now.''

Two days later, 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 said his supervisor told him that Myhre "furiously demanded'' that he be removed and that Myhre had mentioned something about the bureau's failure to turn over all crucial evidence to his office.

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

He said he believed Myhre "adopted an attitude of 'don't ask, don't tell''' or "preferred ignorance'' when it came to potential information from the federal land management agency that would have been helpful to the Bundy defense.

He also said prosecutors relied on inaccurate talking points, particularly not disclosing at previous trials the fact there were government snipers on surveillance outside the Bundy Ranch before the April 12, 2014, showdown.

"Not only did Mr. Myhre in my opinion not want to know or seek out evidence favorable to the accused, he and my supervisor discouraged the reporting of such issues,'' Wooten wrote.

Wooten said he had held Myhre in the highest regard, but believes his judgment is "clouded'' by personal bias and a "desire to win the case at all costs.''

Wooten, now working as a bureau agent in Idaho, sent the memo to an associate deputy U.S. attorney general who serves as the U.S. Department of Justice's national criminal discovery coordinator. He obtained the lawyer's contact information during a training by the U.S. Attorney's Office in Boise, Idaho.

"I have tried to resolve these issues through my chain of command but I have failed,'' he wrote in the memo.

But he felt it was "his obligation'' to report his findings, describing his memo as a "last resort.''

He didn't return phone calls or messages Thursday night.

Cliven Bundy's lawyer Bret O. Whipple declined any comment on the memo, and would only describe the new information received as "quite a development,'' one he hadn't seen in his 20-plus years of legal work.

"In my mind, I think the case should be dismissed by next Tuesday,'' Whipple said. "I think I can get my client home for Christmas.''

"Not only did Mr. Myhre in my opinion not want to know or seek out evidence favorable to the accused, he and my supervisor discouraged the reporting of such issues,'' Wooten wrote.

Wooten said he had held Myhre in the highest regard, but believes his judgment is "clouded'' by personal bias and a "desire to win the case at all costs.''

Wooten, now working as a bureau agent in Idaho, sent the memo to an associate deputy U.S. attorney general who serves as the U.S. Department of Justice's national criminal discovery coordinator. He obtained the lawyer's contact information during a training by the U.S. Attorney's Office in Boise, Idaho.

"I have tried to resolve these issues through my chain of command but I have failed,'' he wrote in the memo.

But he felt it was "his obligation'' to report his findings, describing his memo as a "last resort.''

He didn't return phone calls or messages Thursday night.

Cliven Bundy's lawyer Bret O. Whipple declined any comment on the memo, and would only describe the new information received as "quite a development,'' one he hadn't seen in his 20-plus years of legal work.

"In my mind, I think the case should be dismissed by next Tuesday,'' Whipple said. "I think I can get my client home for Christmas.''

-- Maxine Bernstein
_______________________
Will Bundy Prosecution MISCONDUCT be Given Pass by Judge Navarro?
John R. Houk
© December 16, 2017
____________________
Memo alleges government misconduct in Bunkerville standoff case

Copyright © 2017 Las Vegas Review-Journal, Inc.
____________________
BLM investigator alleges misconduct by feds in Bundy ranch standoff

© 2017 Oregon Live LLC. All rights reserved (About Us).


The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Oregon Live LLC. [Blog Editor: Yup, I didn’t get permission ergo if requested the Oregon Live cross post will be removed. Borough at your own risk.]

No comments:

Post a Comment