Feds screw the pooch, with prejudice, in yet another Bundy trial

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  • Alamo

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    Oct 4, 2010
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    https://www.nationalreview.com/corner/government-misconduct-frees-cliven-bundy/


    Trial court had already dismissed charges against Cliven Bundy et al with prejudice because of apparently serious (deliberate?) Brady Rule violations; 9th Circuit affirms both dismissal and “With prejudice” stinger.

    The heart of the Government FUBAR was that prosecutors central contention was that Cliven mislead others into defending him with arms by falsely claiming the government had posted “snipers” around his ranch. The prosecutors told the trial judge the evidence did not exist and the defense was just fishing. The judge bought the governments claim. Initially.

    Four days into the trial testimony and evidence that was permitted revealed that the evidence the defense had asked for did indeed exist, and subsequent hearings showed the government had itself called the armed agents on the property “snipers.”

    I’ve said before that one of Trump’s mistakes upon taking office was not doing an immediate, thorough housecleaning at the department of justice. He should not make the same mistake in his second term.

    The appellate court decision:
    https://cdn.ca9.uscourts.gov/datastore/opinions/2020/08/06/18-10287.pdf
     
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