Federal prosecutors in Nevada are asking a federal judge to reconsider her dismissal of charges against Cliven Bundy, his sons Ammon and Ryan Bundy and supporter Ryan Payne in their 2014 armed standoff over cattle grazing, arguing that her ruling was erroneous, ''unwarranted and unjust.'' They said U.S. District Judge Gloria M. Navarro failed to consider a less drastic remedy for the evidence violations she found. In a motion filed Wednesday, the prosecutors also reiterated their unsuccessful argument that the evidence they failed to share until too late wouldn't have been admissible anyway because they didn't believe the defendants could argue that they acted in self-defense, were provoked or intimidated. They urged the judge to consider the fallout from her Jan. 8 dismissal, suggesting it will endanger other federal officers who typically patrol remote public lands alone. "This case has major ramifications for all public lands law enforcement officers,'' Elizabeth White, the Nevada U.S. attorney's appellate chief, wrote in a 29-page motion. "Dismissing this entire case with prejudice, based on the government's non-disclosure of mostly duplicative evidence of law enforcement's pre-impoundment surveillance and preparation, would encourage the defendants, their supporters and the public to disrespect the law and the lawful orders of the courts.''The decision to file a motion to reconsider the dismissal instead of filing an immediate appeal is a tactical choice, federal legal experts said. The Nevada prosecutors may believe they can expand on arguments they made earlier and change the judge's mind, or they may want to include information that they hadn't presented before but believe they need to now to have in the court record before seeking an appeal...more
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