Judge throws out case against Bundys, bars retrial in devastating defeat for federal prosecutors

A federal judge dismissed Monday all charges against rancher Cliven Bundy stemming from the 2014 Nevada standoff and barred prosecutors from retrying the case, citing “flagrant prosecutorial misconduct.” U.S. District Court Chief Judge Gloria Navarro’s dramatic ruling during a hearing in federal court in Las Vegas wasn’t entirely unexpected, given that she declared a mistrial last month after finding that federal prosecutors had willfully withheld evidence from the defense...more

UPDATE

Cliven Bundy standoff case thrown out in another stunning blow to government

A federal judge Monday threw out criminal charges against Nevada cattleman Cliven Bundy, his two sons and a co-defendant in the 2014 Bunkerville standoff, citing "flagrant misconduct" by prosecutors and the FBI in not disclosing evidence to the defense before and during trial.

"The government's conduct in this case was indeed outrageous," U.S. District Judge Gloria M. Navarro ruled. "There has been flagrant misconduct, substantial prejudice and no lesser remedy is sufficient."

The judge issued her ruling before a packed courtroom with nearly 100 spectators, as more than a dozen other spectators waited outside the courtroom doors. As Navarro dismissed the case, Cliven Bundy's lawyer put his arm around his client. Supporters in the public gallery held hands, wiped tears from their eyes and hugged.

The dismissal with prejudice, meaning a new trial can't be pursued, marked an embarrassing nadir for the federal government, which now has failed to convict the Bundys in two major federal cases stemming from separate armed standoffs.

The second stunning victory for the Bundys and their followers may serve to bolster their fight against federal control of public land, but it's not clear how their movement has fared. The three have spent most of the last two years in jail, and Ammon Bundy owes at least $180,000 in legal fees in the Oregon case.

After the judge's ruling, the senior Bundy attempted to walk out of the courtroom in his blue jail garb and ankle shackles but was blocked by deputy U.S. marshals. He was released soon afterwards, wearing a cowboy hat, blazer and cowboy boots. He took hugs and handshakes from supporters. His sons, Ammon and Ryan Bundy, were allowed to leave jail to stay in private homes under GPS monitoring in November.

"I've been a political prisoner for right at 700 days today," Cliven Bundy said, his arm around his wife, Carol Bundy. "I come in this courtroom an innocent man and I'm going to leave as an innocent man. My defense is a 15-second defense. I raised my cattle only on Clark County, Nevada, land and I have no contract with the federal government. This court has no jurisdiction and authority over this matter. And I have put up with the court in America as a political prisoner for two years."

The judge found prosecutors engaged in a "deliberate attempt to mislead" and made several misrepresentations to both the defense and the court about evidence relating to a surveillance camera, snipers outside the Bundy ranch in early April 2014 and threat assessments made in the case.

"The court is troubled by the prosecution's failure to look beyond the FBI file," Navarro said.

She said she "seriously questions" that the FBI "inexplicably placed or perhaps hid" information on the placement a tactical operations log that referred to the presence of snipers on a "thumb drive inside a vehicle for three years." 

The judge found it especially egregious that the prosecutors chose not to share documents that the defendants specially asked for in pretrial motions, and "grossly shocking''  that the prosecutors claimed they weren't aware the material would assist the defendants in their defense.

"The government was well aware of theories of self defense, provocation and intimidation,'' Navarro said.

The judge issued her ruling in 30 minutes from the bench. Just before the hearing, Ryan Bundy led relatives and supporters in prayer in the courtroom corridor, even saying a prayer for the judge.

"Father in heaven ... we thank you for the protection that was giving to us over this duration of time and through this trouble," he said, his head bowed as he held his cowboy hat over his chest. "We ask that you bless Judge Navarro and she will choose to side with the and liberty. ... Father in heaven, we need our father home. Father in heaven, we need freedom back in our land."

After the judge's decision, he laughed and said, "It's about time. It's about time."