9th Circuit returns U.S. government appeal in Bundy case

A federal appeals court has put a roadblock in front of the government’s attempt to appeal a district judge’s decision to throw out its case against Nevada rancher Cliven Bundy on the grounds of prosecutorial misconduct. Bundy and other family members were charged after an armed standoff at their ranch over grazing fees the government claimed they had not paid. The government confiscated some of the family’s cattle, supporters from across the nation gathered and the standoff ensued. The feds eventually backed down.  But when the government put Bundy and others on trial for their actions, the case collapsed. The Bundys’ lawyer, Larry Klayman, has written about the DOJ’s actions, in his WND columns as well as on the Cliven Bundy Legal Defense Fund site. He said it took “chutzpah” for the government to appeal the dismissal of the case by Judge Gloria Navarro, who, he said, was “no friend of Cliven Bundy, his family and the armed peaceful protesters who stood down a tyrannical government at Bunkerville in 2014.”The 9th Circuit, in a new statement on the case, gave a number of instructions, including appointing counsel for Ryan C. Bundy. But it also refused the government’s submission of an oversized brief, at 16,634 words. The limit is 14,000, and the government was ordered to submit a new one.Klayman took the opportunity to move to supplement the record with the testimony of Wooten, whose statements had not been incorporated. He suggested the appeals court return the case to the lower court, which likely would end the case.In his motion, Klayman points out that Wooten is a former BLM investigator turned whistleblower who wrote a report detailing the apparently unethical actions of federal agents against the Bundys. The judge’s decision to drop the case with prejudice because of misconduct appeared to be supported in Klayman’s motion. He wrote: “Among the disturbing revelations set forth by Mr. Wooten include (1) BLM Supervisory agents repeatedly mocking and degrading Mr. Bundy, his family, and his co-defendants in an ‘amateurish carnival atmosphere’ that displayed ‘clear prejudice’ against the Bundys personally and their Mormon faith; (2) federal agents bragging about roughing up Mr. Bundy’s son, Dave, and violently grinding his face into the ground; (3) BLM agents failing to turn over required discover evidence to the prosecution team that was helpful to defendants; (4) top agents ‘instigating’ the monitoring of jail phone calls between the defendants and their wives; (5) SSA Dan P. Love, the lead BLM agent conducting the ill-fated paramilitary raid on the Bundy ranch, 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;’ (6) SSA Love having a ‘Kill Book’ as a trophy where he ‘bragged about getting three individuals in Utah to commit suicide’; and (7) that 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.” Klayman said that when Wooten pointed out the misbehavior, he was summarily removed from the case and threatened...MORE

 The government's opening brief was 78 pages. I have not seen the 16,634 page brief.