U.S. judge tosses case vs. Bundy, three others

LAS VEGAS — Nevada rancher Cliven Bundy walked free from the federal courthouse Monday for the first time since his arrest two years ago on charges that he led an armed rebellion against the government in 2014.

Bundy, 71, was greeted by cheers from a crush of supporters who jammed a courtroom and greeted him outside with hugs, placards, cards, tears and cries of “liberty” and “freedom.”

An hour earlier, Bundy sat stoically in prison garb and shackles as a judge dismissed the case against him, two of his sons and a militia supporter, saying federal prosecutors violated the men’s

rights to a fair trial by withholding evidence.

“I’m not used to being free,” Bundy said as he emerged from an elevator into the court’s lobby alongside his wife and attorney. “I have been a political prisoner for more than 700 days.”

U.S. District Court Judge Gloria Navarro said federal prosecutors acted recklessly and engaged in a “deliberate attempt to mislead and distort the truth” by failing to turn over evidence that could have helped exonerate the four defendants.

Navarro ended the case against Cliven, Ammon and Ryan Bundy and militia member Ryan Payne “with prejudice,” meaning they cannot be retried on charges related to the 2014 armed standoff near Bundy’s ranch in Bunkerville, Nevada.

She ordered the immediate release of Cliven Bundy, who had elected to remain in custody throughout the trial as a form of protest rather than accept a conditional release offered in November.

“The court finds that the universal sense of justice has been violated,” Navarro said. “The government conduct in this case was, indeed, outrageous.”

She said ordering a new trial would not be sufficient to address violations by prosecutors and would actually give them an unfair advantage going forward.

Navarro castigated the Nevada U.S. Attorney’s Office for willful violations of due process, saying prosecutors not only withheld evidence but “made several misleading statements to the defendants and the court.”

She said prosecutors have a sworn duty to ensure defendants receive a fair trial by bringing forward any evidence that could affect the outcome. Instead, they showed “a reckless disregard for the constitutional obligation to seek and provide evidence,” Navarro said.

Assistant U.S. Attorney Stephen Myhre, who led the prosecution team, did not make any statements following the hearing.

Newly appointed Nevada U.S. Attorney Dayle Elieson issued a statement Monday.

“We respect the court’s ruling and will make a determination about the next appropriate steps,” he said.

The judge also criticized the FBI for not providing evidence to prosecutors, saying it was not a coincidence that most of the withheld evidence came from the FBI.

She said 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 defendants’ favor.

Navarro’s ruling was praised by Bundy supporters, who have maintained vigils outside the court every day of the trial and have traveled from several states to show solidarity.

“I am really, really happy for the Bundy family and ... all of their friends who have ended up in prison,” said Bob Moore, 65, of Gold Canyon. “This was a decision for all of America.”

Moore said the case pits individual rights against big government.

“The (government) was working to take Mr. Bundy’s ranch,” he said.

Environmentalists and civil-rights groups said Monday that the Bundys are not heroes, but lawbreakers who for decades have grazed cattle on public land as if it were their own. They said Bundy used militia members and antigovernment extremists to prevent a lawful roundup of his cattle from federal land — a confrontation that led to the standoff and, eventually, the trial.

“The government’s own mistakes meant the case was not even brought to the jury for a decision,” Anti-Defamation League CEO Jonathan Greenblatt said in a statement Monday. “This result can only embolden anti-government extremists, especially in western states, and make future confrontations and and standoffs with the government more likely.”

The Denver-based conservation group Center for Western Priorities warned that the decision in the Bundy case will embolden more people to threaten public-land managers.

“Letting the Bundys walk free on a technicality should send a chill down the spines of anyone who values our parks, wildlife refuges and all public lands,” Executive Director Jennifer Rokala said in a statement.

Cliven Bundy’s lawyer said he thought his client was going to be rearrested Monday.

The drama played out immediately after the hearing ended and Navarro had ordered his release.

Cliven Bundy stood up in shackles and walked toward the exit, intending to make a showing of the cuffs coming off.

“He said, ‘I want the community to see the shackles come off,’” Las Vegas defense lawyer Bret Whipple said. “He wanted (authorities) to take them off. He wanted the community to see them come off.”

Whipple said deputy marshals instead blocked his way out and prevented him from passing through the gate separating the courtroom from the gallery.

“I thought the (U.S. Marshals Service deputies) were going to take him into custody,” Whipple said.

Whipple said Bundy instead was brought to the marshals’ office, where he changed out of his prison clothes. He walked out of court wearing a cowboy hat, jeans, boots and a blazer. On the lapel of his coat was a round button printed with the words: “Not Guilty.”

Navarro’s decision comes less than a month after she declared a mistrial in the case and found federal prosecutors willfully withheld critical and “potentially exculpatory” evidence from the defense.

Navarro on Dec. 20 cited six pieces of evidence that the Nevada U.S. Attorney’s Office failed to disclose that were 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 the 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.

Navarro could have called a mistrial “without prejudice,” which would have allowed prosecutors to retry the four defendants.

Instead, her ruling ensures the four won’t be tried again.