Convictions against Cliven Bundy and his family remain elusive
Los Angeles Times
LAS VEGAS—Three years later, Cliven Bundy’s cattle are still grazing on federal land.
In that time, two of Bundy’s sons and several supporters have beaten back the federal government in court. Repeatedly.
First, Ammon and Ryan Bundy were found not guilty for their role in a 41-day armed standoff at a wildlife refuge in Oregon in 2016. Then, four of their supporters weathered two trials in Las Vegas this year, resulting in either hung juries or acquittals on charges stemming from the armed standoff at the Bundy ranch three years ago, where they tried to help Cliven Bundy halt federal agents from seizing his cattle.
And on Wednesday, U.S. District Judge Gloria Navarro declared a mistrial in the felony case against the Bundy trio in the standoff with federal law enforcement authorities in 2014.
Each of the standoffs appeared to give prosecutors a strong case for convictions.
There were photos and videos of armed Bundy supporters taking superior tactical positions with guns trained on federal law enforcement authorities near his ranch in Bunkerville, about 80 miles northeast of Las Vegas. There was testimony from law enforcement saying they feared for their lives before retreating and releasing the cattle.
Ryan Bundy was quoted as saying he would “do whatever it takes” to stop the cattle seizure. Militia members traveled hundreds of miles to aid the Bundys.
But in three years, the government has largely failed to obtain convictions, apparently because of bad tactics and missteps. Add to that the narrative pushed by the Bundy legal team—that the family is pushing back against an unjust and oppressive government.
Kieran Suckling, executive director of the Arizona-based Center for Biological Diversity, said the federal government “has been screwing up” on the Bundy cases in a variety of ways.
He said in Oregon, the prosecution was forced to simultaneously convince a jury that the Bundys and their supporters were dangerous and yet had to explain why they waited 41 days to act—while also letting them get food deliveries and collect their mail.
“You don’t let dangerous, armed criminals come and go to get their mail and have food delivered,” Suckling said. “The FBI put the prosecution in an impossible situation.”
But with Wednesday’s mistrial, he said it appears a series of bad decisions was made by acting U.S. Attorney Steve Myhre. Evidence was intentionally withheld about federal sniper positions outside the Bundy Ranch and surveillance cameras installed by federal authorities on nearby hills.
Navarro called the withholding of evidence by prosecutors “willful” and it has opened the door for her to declare a mistrial with prejudice as early as Jan. 8— meaning the three Bundys and fellow defendant Ryan Payne couldn’t be retried on the felony counts that included threatening a federal officer, carrying and using a firearm and engaging in conspiracy.