Bundy's acquitted: judge declares mistrial in Bundy case...prosecutorial misconduct

Correct answer though. I’ll just use an apocryphal quote from our countries first President.

“Government is not reason, it is not eloquence — it is force. Like fire it is a dangerous servant and a fearful master; never for a moment should it be left to irresponsible action.”
 
and the solution ?

Disbarment of the prosecutors for misconduct and criminal prosecution of the officials which violated the law. Until officials start losing their ability to practice law for making a mockery of the law and go to prison for engaging in criminal misconduct they will keep doing it. Sovereign immunity also needs to go. Taxpayers should not be picking up the tab for the "state's" misconduct when it is the official's misconduct.
 
"It looks even worse because it isn't the sort of jury nullification we've seen before, but actual incompetence (or worse) by the prosecution," Bartrum said in an email. "It certainly erodes a lot of confidence in the federal government's motives."

No shit. Others are finally seeing it for what it is.
 
i am not following this at all! How is a "mistrial" the same as an acquittal? Some ahole prosecutor can just keep retrying them until he lucks into the "right" jury pool
 
i am not following this at all! How is a "mistrial" the same as an acquittal? Some ahole prosecutor can just keep retrying them until he lucks into the "right" jury pool
If he does, I wonder if previous prosecutorial misconduct can be brought up ?
Actually the same guy should never see the inside of a courtroom again after that , in a perfect world.
I recall a case in CO. years ago where the cops and the prosecutor all ended up criminally charge for dicking with evidence.
 
Great news

Charges against rancher Cliven Bundy, three others are dismissed

Navarro on Dec. 20 declared a mistrial in the high-profile Bundy case. It was only the latest, stunning development in the saga of the Nevada rancher, and served as a repudiation of the federal government. Navarro accused prosecutors of willfully withholding evidence from Bundy’s lawyers, in violation of the federal Brady rule.

The Brady rule, named after the landmark 1963 Supreme Court case known as Brady v. Maryland, holds that failure to disclose such evidence violates a defendant’s right to due process.

“In this case the failures to comply with Brady were exquisite, extraordinary,” said Fox News legal analyst Judge Andrew Napolitano. “The judge exercised tremendous patience.”
 
Bundy needs to sue the snot out of BLM, the federal prosecutor and the state. Perhaps even have the prosecutor arrested for whatever laws they can charge him with.
 
i am not following this at all! How is a "mistrial" the same as an acquittal? Some ahole prosecutor can just keep retrying them until he lucks into the "right" jury pool
Often yes, but in this case the charges were dismissed with prejudice, meaning the prosecutorial misconduct was so egregious that the case can not be retried. That's a triple-windmill slam-dunk win for the Bundy's. It may even give them considerable ammunition for civil action.

Has anyone seen reported where in the discovery chain the misconduct occurred for this and the Oregon mistrials? Did the prosecutors have the material and not release it, or did the other agencies (ex. BLM, NPS, FS, DOI) not turn over the materials? Hopefully the Sessions inquiry will shed some light on what's going on and have a positive impact.
 
Great news, but with Bundy back in the headlines, it reminded me of the execution of that guy in Oregon by the FBI and Oregon police after he swerved to avoid hitting a road block.

Makes me wonder if the Deep State won't do the same with Cliven Bundy now that he looks like a political prisoner released from the Gulag and can now go on speaking tours to rally the people out West.
 
Great news, but with Bundy back in the headlines, it reminded me of the execution of that guy in Oregon by the FBI and Oregon police after he swerved to avoid hitting a road block.

Makes me wonder if the Deep State won't do the same with Cliven Bundy now that he looks like a political prisoner released from the Gulag and can now go on speaking tours to rally the people out West.

I believe that by swerving to avoid running into them, he also made a furtive move which is punishable by death on the spot.
 
Bundy and his sons had offered a defense that they had only armed up because they feared the government was surveilling them and had snipers posted around them. The evidence the prosecutors deliberately withheld from them was that, indeed, the government had been surveilling them and had snipers posted around them. The judge was NOT amused by this.
 
Honestly, if three failed attempts followed by a dismissal with prejudice for willful misconduct and withholding of evidence isn’t enough for malicious prosecution charges, nothing ever will be. But I’m not holding my breath. That would be an exercise in futility. After all, thinking the very people involved in the corruption would prosecute themselves is pretty absurd.

Just another example proving the entire system is corrupt, vindicating the very actions the Bundy’s took in the first place.
 
Remember Jerry is still in federal prison over this...
Please help us get this passed and get him out!

HOUSE CONCURRENT RESOLUTION 11
A RESOLUTION urging a pardon of Gerald "Jerry" DeLemus.
SPONSORS: Rep. Itse, Rock. 10; Rep. Hoell, Merr. 23; Rep. Horn, Merr. 2; Rep. Ferreira, Hills. 28; Rep. Ulery, Hills. 37; Rep. Wallace, Rock. 33; Sen. French, Dist 7; Sen. Giuda, Dist 2
COMMITTEE: State-Federal Relations and Veterans Affairs
-----------------------------------------------------------------
ANALYSIS This bill urges the President of the United States to issue a pardon to Gerald DeLemus.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen



A RESOLUTION urging a pardon of Gerald "Jerry" DeLemus.

Whereas Gerald Allen DeLemus is incarcerated for conspiracy to commit an offense against the United States, 18 U.S.C. section 371 and interstate travel in aid of extortion, 18 U.S.C. section 1952; and

Whereas the persons actually accused of the committing the offense against the United States, and conspiring to do so have been found not guilty; and

Whereas Mr. DeLemus signed the plea agreement for the sole purpose of protecting a second individual stricken with cancer from being subpoenaed or indicted; and

Whereas a person cannot be guilty of conspiring with other individuals who have been found not guilty of conspiring; and

Whereas a person cannot be guilty of aiding and extortion by other individuals who have been found not guilty of committing extortion; and

Whereas Gerald Allen DeLemus was denied the opportunity to change his plea and obtain a trial by jury as guaranteed Article VI of the Constitution for the United States of America; now, therefore, be it

Resolved by the House of Representatives, the Senate concurring:

That the New Hampshire general court humbly requests that Donald J. Trump, President of the United States of America, pursuant to his powers granted under the Constitution for the United States, Article II, Section 2, Paragraph 1, grant a full and complete pardon to Mr. Gerald Allen DeLemus, a favorite son of the state of New Hampshire, and return Mr. DeLemus to his wife the Honorable Susan DeLemus in their home in Rochester, New Hampshire; and

That a copy of this resolution be sent to the speaker of New Hampshire house of representatives and the president of the New Hampshire senate; and

That a joint letter from the speaker of the New Hampshire house of representatives and the president of the New Hampshire senate, including a copy of this resolution, urging the pardon of Gerald DeLemus be sent to the President and Vice President of the United States of America within 30 days of the passage of this resolution.
 
A guilty plea is very hard to undo - even with no Miranda.

I am pulling for Jerry, he got a raw deal and was just low hanging fruit - I think some others from around the county took a plea as well.
 
I believe that by swerving to avoid running into them, he also made a furtive move which is punishable by death on the spot.
They fired at the truck at the first stop, so he took off, then swerved out of the way of the vehicle blocking the road around a blind curve (a cop actually tried to dive in front of his truck also!).
He got shot after getting out with his hands up: he started dancing with his feet and putting his hands down and up, which was when he was shot. It looked like he was being tazed.
 
Cliven Bundy Wins: Judge Cites ‘Flagrant’ Federal Misconduct

In April 2014, America was transfixed by an armed standoff in the Nevada desert. On one side was a collection of dangerous, out-of-control armed men who were deliberately provocative, prone to saying unhinged things in a single-minded quest to destroy their enemies, and who lied time and again to cover their misdeeds.

On the other side was Cliven Bundy.

Now when the milktoast bowtie wearing country club NPR conservatives at the National Review print something something positive about 'flyover militia hick ranchers' they prefer to never set eyes upon, you know .Gov really f***ed up.
 
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