BLM misconduct probe may derail Bundy Ranch standoff trial

An investigation accusing a federal agent of misconduct and ethics violations could derail one of the most high-profile land-use trials in modern Western history. Jury selection is scheduled to start in a Las Vegas federal courtroom Monday for a series of trials in which 17 cattle ranchers and self-styled militia members face charges for their roles in the 2014 Bundy Ranch standoff against Bureau of Land Management officials. But a Jan. 30 report by the Department of Interior's Office of the Inspector General appears to raise serious questions about the BLM special agent in charge of operations during the standoff, who is expected to be a key witness for the government in the case...Lawyers representing Bundy Ranch defendants say the report offers enough details to positively identify the agent as Dan Love, the BLM special agent in charge of Utah and Nevada between 2012 and 2015. Already, they are filing motions to confirm it. A defense lawyer said Thursday they are asking a federal judge to force the government to reveal the name of the agent in the inspector general's report. If it is Love, they will ask for charges to be dismissed against the Bundy Ranch defendants before the trials begin. "I'm sure it is him," Las Vegas attorney Bret Whipple said Thursday. "If it is Dan Love, first of all we will file a motion to dismiss. ... He is the primary figure in the government's case. He put together the plan. He negotiated with (the Bundys)." Whipple represents ranch owner and Bundy family patriarch Cliven Bundy, 70, whose years-long feud with the federal government over cattle grazing rights on federal land culminated in the 2014 standoff. Whipple said the report paints a picture of an agent with a personal agenda and no regard for the rule of law. He said his client long has maintained that Love dangerously orchestrated events during the Bundy standoff to "enhance and enrich" his personal profile and "to make a name for himself."...more

See my comments from earlier today here.

The report says Love stated he "owns" the head of law enforcement. Just exactly what does that mean? Is it because he's the key witness? Or does he have some other info on the Bundy case or the Gold Butte National Monument the BLM doesn't want made public? 

How might this affect the Bundy case?

The inspector general's report could damage the credibility of the government's case if Love is identified as the agent, said Sara Gordon, associate professor of law at the Boyd School of Law at the University of Nevada, Las Vegas. "It’s in an ethics report. I think everything is up for grabs — misuse of the vehicles, using intimidation," Gordon said. "This stuff, it suggests that he’s willing to cheat and lie for his job." She said defense attorneys involved in the Bundy Ranch trials might not be able to show juries the inspector general's report but could question Love about specific incidents raised in it.  “Anytime a witness is on the stand, you can cross-examine them and ... try to impeach him," she said. "They can ask him about things that (could) show that he’s dishonest.” Gordon said any damage defense lawyers could inflict upon Love's credibility would not affect the credibility of other witnesses testifying for the prosecution.