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2018-01-08 13:36 by Karl Denninger
in Flash , 2200 references Ignore this thread
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There is only one way to stop this sort of crap:

A federal judge dismissed all charges against rancher Cliven Bundy, his two sons and another man on Monday.

U.S. District Judge Gloria Navarro cited "flagrant prosecutorial misconduct" in her decision to dismiss all charges against the Nevada rancher and three others.

Not only must Bundy and his sons (and the third man) be fully compensated for all of their economic losses, including their attorneys fees, the prosecutor and everyone involved in it under his direction must be imprisoned for the full term of years sought by them against Bundy.

This wasn't a mistake -- it was a clear and documented intentional act and fraud upon not only the court but upon the defendants and every citizen of the United States.

It must be punished, and the only appropriate punishment is for the prosecutors to face exactly the same sanction they intended to impose through their misconduct.

If Jeff Sessions and Donald Trump don't do it then you know, as a matter of actual fact, that they'd just as soon screw you and it is only through blind luck through drawing what appears to be one not-corrupt judge that Bundy and his family didn't get railroaded straight into prison.

Worse is that without prosecution and prison for everyone involved there is absolutely no deterrent preventing the FBI from doing it again to them -- or to you.

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Nadavegan
Posts: 72
Incept: 2017-05-03

The South
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I was shocked, SHOCKED I tell you, by how many self-styled anti-authoritarian leftists cheered for Big Government as this unfolded.

Almost like they are cowards and frauds who only oppose the boot heel when it is directly on their own necks?
Tsherry
Posts: 1013
Incept: 2008-12-09

Spokane WA
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>>I was shocked, SHOCKED I tell you, by how many self-styled anti-authoritarian leftists cheered for Big Government as this unfolded.

Almost like they are cowards and frauds who only oppose the boot heel when it is directly on their own necks?>>

One day, those people might find themselves on the wrong end of a barrel.

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Smitty
Posts: 166
Incept: 2014-09-24

SW Ohio
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Rule of Law is the basis of true civilized society...and American Rule of Law has all but completely crumbled away...mostly unnoticed by the masses in their unending stampede towards food, drink, entertainment, and accumulation of wealth and material things.

Government prosecutors are not going to fix this problem because government prosecutors are the problem...along with the judges that can't be bothered by corrupt behavior of government prosecutors...many of them having previously been corrupt government prosecutors...

As well as a citizenry that has abandoned their powers as -independently critically thinking- trial and grand jurors.



James Bovard illustrates the problem [governmental shredding of Rule of Law] as being endemic (particularly amusing is the government prosecutor pleading for the government to get a "fair" trial):


The Justice Department was caught in another high-profile travesty last month that continues to reverberate through the western states. On Dec.20, federal judge Gloria Navarro declared a mistrial in the case against Nevada rancher Cliven Bundy and others after prosecutors were caught withholding massive amounts of evidence undermining federal charges. This is the latest in a long series of federal law enforcement debacles that have spurred vast distrust of Washington.

Bundy, a 71-year old Nevadan rancher,and his sons and supporters were involved in an armed standoff with the Bureau of Land Management (BLM) beginning in 2014 stemming from decades of unpaid cattle grazing fees and restrictions. The Bundys have long claimed the feds were on a vendetta against them, and 3,300 pages of documents the Justice Department wrongfully concealed from their lawyers provides smoking guns that buttress their case.

A whistleblowing memo by BLM chief investigator Larry Wooten charges that BLM chose "the most intrusive, oppressive, large scale and militaristic trespass cattle (seizure)possible'' against Bundy.He also cited a "widespread pattern of bad judgment, lack of discipline, incredible bias, unprofessionalism and misconduct, as well as likely policy, ethical and legal violations" by BLM officials in the case. BLM agents even "bragged about roughing up Dave Bundy, grinding his face into the ground and Dave Bundy having little bits of gravel stuck in his face'' while he was videotaping federal agents. Wooten also stated that anti-Mormon prejudice pervaded BLM's crackdown.

The feds charged the Bundys with conspiracy in large part because the ranchers summoned militia to defend them after they claimed that FBI snipers had surrounded their ranch.Justice Department lawyers scoffed at this claim in prior trials involving the standoff but newly-released documents confirm that snipers were in place prior to the Bundys call for help.

The feds also belatedly turned over multiple threat assessments which revealed that the Bundys were not violent or dangerous, including an FBI analysis that concluded that BLM was "trying to provoke a conflict" with the Bundys. As an analysis in the left-leaning Intercept observed, federal missteps in this case fueled longstanding perceptions among the right-wing groups and militias that the federal government is an underhanded institution that will stop at nothing to crush the little guy and cover up its own misdeeds.


Judge Navarro will hold a hearing on Jan.8 on whether to dismiss all charges or require a new trial.But federal prosecutors have insisted that, regardless of the latest disclosures, the judge should prohibit the Bundys from claiming the feds provoked the confrontation or that the Bundys acted in self-defense.Steven Myrhe, the lead federal attorney, declared: "The Court needs to put a stop to these illegal theories and defenses in order for the government to receive a fair trial. The government, too, is entitled to a fair trial."

But fair trials are the last thing that high-profile federal targets such as the Bundys are likely to receive. In the early 1990s, the federal government decided to take down Randy Weaver, an outspoken white separatist living on a mountaintop in northern Idaho. After Weaver was entrapped by a federal agent, U.S. Marshals trespassed on Weaver's land and killed his son. The Justice Department claimed that Weaver conspired to have an armed confrontation with the government. Bizarrely, the feds claimed that his moving from Iowa to near the Canadian border in 1983 was part of that plot.After a jury found Weaver not guilty on all major charges, federal Judge Edward Lodge issued a lengthy catalog of the Justice Departments and FBIs misconduct and fabrication of evidence in the case. A top FBI official was later sent to prison for destroying key evidence in the case.

The Justice Department also did the conspiracy/suppression of evidence two-step against the Branch Davidians in Waco. A grand jury indictment accused 11 Davidians who survived1993 federal assaults on their home of conspiring "with malice aforethought" to kill Alcohol Tobacco and Firearms agents. The ATF's decision to launch a frontal attack on their home somehow proved that the residents sought an armed confrontation. Prosecutors compared Davidian leader David Koresh to Hitler and Stalin and denounced defendants as "religious terrorists." But a jury rejected the most serious charges against the Davidian defendants, which the New York Times characterized as a "stunning defeat" for the federal government. Five years later, Americans learned that, contrary to Justice Department assertions, FBI attackers fired pyrotechnic grenades into the Davidians propertybefore a massive fire erupted that left 80 people dead.

In the Bundy case, Judge Navarro slammed the FBI for withholding key evidence.

Unfortunately, this seems to be standard procedure for the FBI including in their investigations of both the Donald Trump and Hillary Clinton presidential campaigns as well as the Las Vegas shooterwho slaughtered concert goers last October.FBI officials have also been caught routinely twisting the truth to burnish prosecutions. False FBI trial testimony may have helped sentence 32 innocent people to death, as the Washington Post reported in 2015.How many other innocent people have been put behind bars because of federal misconduct?

Attorney General Jeff Sessions is ordering a formal investigation into how the Justice Department went awry in Nevada. Until the feds cease wrongfully abusing their targets, there will be no rebound in trust in Washington.

If the Trump administration cannot rein in renegade federal prosecutors, the president should cease-and-desist any and all claptrap about draining the swamp.

https://www.usatoday.com/story/opinion/2....

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Analog
Posts: 1508
Incept: 2010-12-29

arkansas ozarks
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Rings of conspiracy to deprive them, under color of law, of right to a fair trial? You've written a lot about that particular bit
42 U.S. Code 1983 - Civil action for deprivation of rights ,,, https://www.law.cornell.edu/uscode/text/....
Quote:
Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress,


Bring on the torts ?
Or does that bolded phrase exempt feds?


a.

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Flash3200
Posts: 11
Incept: 2010-11-02

Dallas, TX
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Dismissed with prejudice therefore no re-trial (although I think the *.gov can appeal that decision if they want to). We have come a long way since Waco, but obviously the FBI and the justice department still have a gob of bad actors in senior positions who prefer vigilante justice to following the rules.

I would still be surprised if Sessions' investigation does anything other than ruin a few low level guys' careers while the senior people in the US Attorney's office will probably skate off with nothing more than a slap on the wrist. This is all crazy since the government had a decent case to begin with and had no reason to conceal evidence other than having the hubris that they wouldn't be caught this time.

In the first episode of "Ozark", the drug lord is hypothetically asking the protagonist and his friends what they would do if they owned a small store and caught an employee stealing petty cash from the cash register. The other two friends replied that they would give the cashier a second chance, while the protagonist replied that if he was able to catch her stealing, then certainly that was not the first time she had stolen so therefore she should be fired. Obviously the drug lord preferred the protagonist's response as the other two friends were quickly dispatched into drums full of acid. This was certainly not the first time this US attorney's office engaged in dirty pool, and the whole place should be cleaned out immediately. Thank goodness that an Obama appointed judge was willing to go the distance in issuing a with prejudice ruling.

It turns out all of the knucklehead militia guys actually did something good this time by escalating the situation and forcing the government to show its ill-gotten hand...kudos to them. Hopefully this is the end of FBI/BLM/ATF/et al "show of force" theatrics for matters that are mostly civil.
Flyanddive
Posts: 2501
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Detroit
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The FBI is totally corrupt, top to bottom. It's not even a legitimate institution anymore, it is a political special police force.

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Zerosignal
Posts: 8
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Couldn't agree more. No time for a more thorough comment but I do have a small anecdote.

A group I was associated with held a protest outside the BLM office in Roseburg, OR one day shortly after the Malheur Wildlife Refuge fiasco began. We had signs quoting the U.S. Constitution (article 1, section 8, paragraph 17) which lays out what type of land the federal government is allowed to own.

Some random BLM employee came out and was waiting at the crosswalk near us. As he started to cross the street he dropped a question on whether we understood what the "rule of law" meant and claimed that the Bundy's guilt was clear because of multiple court opinions that had sided with the BLM regarding land use.

Of course, he intentionally did this as he was walking away, not giving anyone a chance to have a conversation with him and explain our position. Rule of Law does not mean that any given court opinion suddenly has the force of law. Courts have frequently ruled against the equal application of law, just as Karl has pointed out a million times. This guy apparently thought Rule of Law meant that the law was whatever the court said it was at the current time.

There really is no convincing or negotiating with these statists.
Spanktron9
Posts: 4210
Incept: 2009-03-13

Reality.
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Quote:
The FBI is totally corrupt, top to bottom. It's not even a legitimate institution anymore, it is a political special police force.


Bingo! Seems that DOJ is in the same situation. Question remains, how do you peacefully rectify the situation when your TOP LE AGENCY is the one that is corrupt?

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Tickerguy
Posts: 151190
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A True American Patriot!
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Unless you're the President (the CEO of same), you don't.

This means that until and unless THE PEOPLE are willing to not only demand it but enforce that demand at whatever cost is necessary there's no fix. And the worst part of it is that one "win" in this case does exactly ZERO to dissuade them from pulling that crap again.

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Winding it down.
Click
Posts: 76
Incept: 2017-06-26

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"Not only must Bundy and his sons (and the third man) be fully compensated for all of their economic losses, including their attorneys fees, the prosecutor and everyone involved in it under his direction must be imprisoned for the full term of years sought by them against Bundy."

Don't forget about the dead man. You know, the one they gunned down in
the road block. And just how many bullets were fired into the the automobile the Bundy sons were riding in? How do they compensate for the attempted elimination of the Bundys?

I've mentioned the Bundys in some of my previous comments, and I'll repeat: Unless there is a large enough number of individuals who actually do what the Bundys did for all of the right reasons(because they're educated and not just pissed off) nothing is going to change. Trump and his man Jeff might slow government growth and control down in some areas, but they won't stop it or reverse it. At best it's two steps forward and one step back. Moreover, Jeff is actually speeding up government control over adults who want to be free to choose whether or not they want to inhale a low-risk drug. So, yeah, I support Trump's efforts to slow down the BLM's land grab and the Dirty Democrats gun grab, but somebody tell Jeff that the government needs to keep its ****ing hands off of the pot, too.

Old-man Bundy is not only a role model, but a modern-day hero...
Flaps10
Posts: 6800
Incept: 2008-10-17

PNW
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smitty wrote..
But fair trials are the last thing that high-profile federal targets such as the Bundys are likely to receive. In the early 1990s, the federal government decided to take down Randy Weaver, an outspoken white separatist living on a mountaintop in northern Idaho. After Weaver was entrapped by a federal agent, U.S. Marshals trespassed on Weaver's land and killed his son. The Justice Department claimed that Weaver conspired to have an armed confrontation with the government. Bizarrely, the feds claimed that his moving from Iowa to near the Canadian border in 1983 was part of that plot.After a jury found Weaver not guilty on all major charges, federal Judge Edward Lodge issued a lengthy catalog of the Justice Departments and FBIs misconduct and fabrication of evidence in the case. A top FBI official was later sent to prison for destroying key evidence in the case.


Correction: They shot his dog, then his son, then shot his wife in the face through the front door while she was holding her infant child.

I read Gerry Spence's book about the trial. Randy's "outspoken views" were overblown and he never broke the law. He cut a shotgun barrel down under pressure but didn't cut it to a length less than the law allowed. He still had the piece he cut off and wouldn't you know it, more was missing! So odd.

Tickerguy
Posts: 151190
Incept: 2007-06-26
A True American Patriot!
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And nobody went to jail for any of those murders either. Nor did anyone force that to happen.

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Rollformer
Posts: 191
Incept: 2013-02-13

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A lawyer? Maybe disbarred. But prison? You are tilting at windmills. "Justice" is reserved for the plebes.
Tsherry
Posts: 1013
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Spokane WA
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We existed quite nicely prior to the formation of the FBI in 1908. It could be disbanded, a whole different organization created, fresh, from the bottom up.

On another note, if the readers of this site have not yet started to list 'acquaintances' and 'friends' who work for Fedgov, they really ought to. Those might be the people coming for you, or informing on you, or other formerly tin-foil thoughts.

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Macthor
Posts: 21
Incept: 2009-09-16

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So now we have two organizations who perpetuate a false narrative and commit fraud in furtherance of their political agenda, and they both go by the acronym BLM?
Vernonb
Posts: 1951
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East of Sheol
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Smitty posted from a websource:

Quote:
"The Court needs to put a stop to these illegal theories and defenses in order for the government to receive a fair trial. The government, too, is entitled to a fair trial."


Excuse me but what the **** is an illegal theory or defense? Sounds like suppression of free speech by jack booted government thugs to me.

I remember the Weaver incident. Those FBI people in charge should have been toasted in the electric chair for murder. Every person that fired a shot should be in prison for not less than life for conspiracy to commit murder. The same applies in the Bundy case.

Was their some private entity that actually wanted Bundy's land and the BLM was simply their way to steal it. I seemed to recall some private parties wanting land in the Ruby Ridge atrocity.



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Imustbenutz
Posts: 326
Incept: 2010-11-04

Absurdistan, USSA
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Now, maybe, we can get some media outlet to re-open the Harry Reid/Chinese Solar Energy deal and connect the dots back to the basis of the Malheur Wildlife Refuge Standoff which was a protest to point out the BLM's strong-arm tactics to force ranchers to break generational grazing and water treaties in order to have access to the mineral deposits and expose the corrupt actors profiting from the******of our land (Bundy - gold, Hammond - uranium1)?

This is far from over. What if the main reason for the heavy handed prosecutorial misconduct, in both the Hammond and the Bundy cases, stems from the Government's overwhelming need to keep the breadth and scope of corruption regarding all aspects of the management of public lands out of the public eye?

One argument, in the defense of both cases, is that the Federal Government can only "own" land under Article I, Section 8, Clause 17 (unless it's a territory or with permission from the state). The gravest concern over the eventual outcome of all the unrest in the west (beyond prosecution of those part of corruption) is that the Fed's would have to finally cede their land holdings back to the states (80% of the west is claimed as Federal Land).



Supertruckertom
Posts: 1613
Incept: 2010-11-07

USA
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Tsherry, when people are hungry, anyone is likely to rat you out.

Never trust a Hogwallop.








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