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Federal Judge Dismisses Bundy Once And For All!

  • By: Mace J. Yampolsky, Esq.
  • Published: January 11, 2018
Federal Judge Dismisses Bundy Once And For All!

Time’s Up!

That was the theme of the Golden Globe awards. The times up for keeping dirty secrets in the closet. The time is to shed light on all of the racial and gender quality that takes place in Hollywood and everywhere else. We all should rise up against “dirty little secrets” The literati and glitterati of Holly wood all want everyone to “Rise up” and the row of the yoke of oppression. Maybe I’m overstating the case but the theme is “Stand up and Fight”. Tell your story because people will eventually listen.

Personally, I’m tired of the incessant parade of accusers of misfeasance, malfeasance and criminal behavior from Decades past. I’m not condoning it. I think it is wrong. But when is enough, enough? Maybe I’m insensitive or more likely desensitized. I applaud all of those who have had the courage to speak up, but is there a limit?

WWOD? What Would Oprah Do?

I loved the Golden Globes. Oprah was magnificent. Many of the Globe winners were women. That is great but can’t we go back to gender blindness and judge things on their merits? The actress and actor that Won Golden Globes were Francis McDormand for Three Billboards Outside of Ebbing Missouri and Gary Oldman for his stunning portrayal of Winston Churchill in the Darkest Hour. I am a long time Churchill fan. I think he did more than any other man to rally the Allies to defeat the Germans in World War II.

I use one of his famous speeches to inspire people not to give up.

WWWD? What Would Winston DO?

On June 4th 1940 when WWII was looking bleak for the U.K Churchill was concerned that much of Europe had fallen or could fall “into the grip of The Gestapo and all the odious apparatus of the Nazi Rule. He spoke to the House of Commons and said “ …We shall fight on the beaches, we shall fight on the landing grounds, we shall fight in the fields and in the streets, we shall fight in the hills; we shall never surrender”. I think, I’m still fighting the good fight, but sometimes I wonder.”

Will The Feds Just Stop? Federal judge, Gloria Navarro , ruled Monday 12/8 2017 that the federal government may not retry Cliven Bundy and his sons after rebuking prosecutors for withholding evidence during their felony trial stemming from an armed standoff four years ago. She said the federal prosecutors’ conduct was “outrageous” and “violated due process rights” of the defendants.

U.S. District Court Judge Gloria Navarro declared a mistrial in the case last month, saying federal prosecutors willfully withheld evidence that lawyers for the Bundys and alleged co-conspirator Ryan Payne should have had access to while mounting their defense.

She said the attorneys were in violation of the Brady rule, which requires prosecutors to disclose evidence that could be favorable to a defendant, and told them it wasn’t possible to proceed with the case.

WWJND? What would Judge Navarro DO?

She found that the prosecution had committed “flagrant misconduct” by withholding evidence that could have supported the defendants’ case. Namely, Navarro explained that federal prosecutors had failed to disclose information from cameras recording video from the standoff and the presence of federal snipers around the Bundy Ranch.

On Monday, January 8th ,2018 she dismissed the case “with prejudice,” meaning the government cannot retry the defendants. “The court finds that the universal sense of justice has been violated,” Navarro said.

What Does This Mean?

Monday’s ruling proved the coup de grace, capping the series of legal stumbles and inspiring concerns from officials in the region. Specifically, many current and retired federal land managers worry the failure to prosecute Bundy could jeopardize the safety of federal field workers in the West.

For the Bundys, however, the moment marked a significant victory. They left the courthouse after the ruling bearing smiles and vows to continue fighting what they see as federal overreach.

“I want to say this: We have rights,” Ammon Bundy told reporters, with a Bible tucked in one armpit. “We’re not going to walk away from them and just let them be taken.”

Judge Navarro further explained that, the prosecution’s reliance on the FBI and failure to look beyond the documents the FBI provided represented an “intentional abdication of its responsibility.” Essentially, she said the prosecution decided not to follow up because the evidence would have worked in the Bundys’ favor.

Navarro on Dec. 20 cited six pieces of evidence the Nevada U.S. Attorney’s Office failed to disclose that was favorable to the defense and could have changed the outcome of the trial.

The evidence included:

  • Records about surveillance at the Bundy ranch;
  • Maps about government surveillance;
  • Records about the presence of government snipers;
  • FBI logs about activity at the ranch in the days leading up to standoff;
  • Law-enforcement assessments dating to 2012 that found the Bundys posed no threat;
  • Internal affairs reports about misconduct by Bureau of Land Management agents.

“Failure to turn over such evidence violates due process,” Navarro said last month. “A fair trial at this point is impossible.”

WWWS? What Would Winston Say?

Never Give up! The Defendants kept filing motions although they were ruled against at every turn. If you don’t succeed at first try, try again. The NCAA national championship Football game was played on Monday 1/8/2018 Alabama played from behind all game. They missed a short chip shot field goal at the end of regulation. Their quarterback was sacked on his first play in overtime for a 16-yard loss. What did he do? He calmly threw a touchdown pass to in the game! Never Give up.

I’ll leave you with another favorite Churchill quote! “Never give in, never give in, never, never, never, never—in nothing, great or small, large or petty—never give in except to convictions of honor and good sense.”

Mace J. Yampolsky, Esq.

About the Author Attorney Mace Yampolsky has been achieving successful outcomes
during pre-trial negotiations as well as in the courtroom, defending
clients on nearly all types of criminal defense cases.

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