Judge orders feds to identify agent in Cliven Bundy case
February 23, 2017 in News by RBN
A federal judge in Las Vegas ordered prosecutors in the Bundy Ranch standoff trials to turn over an investigative report accusing a key government witness of wrongdoing.
Judge Gloria Navarro denied motions to dismiss charges against 17 defendants who claimed the government withheld evidence by concealing misconduct allegations against the federal agent in charge of operations during the 2014 standoff.
Navarro said prosecutors had a duty to release a full copy of a report by the Department of Interior’s Office of the Inspector General naming the agent, calling it “material evidence” that could be used to impeach the government’s witness.
“The OIG Report details several violations of federal ethics regulations, misuse of government property, misuse of a government position, and ‘a lack of candor when interviewed,’ ” Navarro wrote in a ruling Wednesday. “At a minimum, (defendants) may use this alleged misconduct on cross-examination to impeach (the agent).”
Opening statements began Thursday in the first of three trials against ranchers and militia members accused of conspiracy when they took up arms in 2014 to stop Bureau of Land management officials from seizing cattle owned by Nevada rancher Cliven Bundy.
The inspector general’s report made public Jan. 30 did not name the agent. But attorneys for the defendants said it contained enough details to positively identify him as Dan Love, the BLM special agent in charge of Utah and Nevada between 2012 and 2015.
Lawyers in court Thursday briefly discussed whether Love would be called to testify. Although prosecutors suggested they might not use him as a witness, they mentioned Love several times and showed jurors a slide with his picture from the standoff.
“This is one of those determining factors … in a case. This is a significant event,” Las Vegas lawyer Bret Whipple said Thursday afternoon. “We should have had this information years ago.”
Whipple represents Cliven Bundy, who is scheduled to go on trial with the second group of defendants 30 days after the first trial ends.
