Note to right-wing patriots: Beware of televising your revolution because a federal indictment awaits

February 18, 2016

The Bundy Gang made it easy for the feds to destroy them. With the able assistance of videographer and radio-show host Pete Santilli, they created an unambiguous and unimpeachable record of their self-described sagebrush revolution, including (1) what they intended to do, (2) why they intended to do it, (3) what they did, and (4) what they hoped to accomplish.

Having thereby delivered their heads on a platter to the feds, who used the evidence to create a damning indictment, they now face the prospect of a lengthy humiliating public trial with no defense to be followed by many years in prison.

Yes, ladies and gentlemen: a federal grand jury in Nevada yesterday returned a 51-page, 16 count indictment against Cliven Bundy, Aamon Bundy, Ryan Bundy, Ryan Payne and Pete Santilli. Each defendant is charged with 16 felony counts, including extortion, obstruction of justice, conspiracy to commit an offense against the United States, conspiracy to impede or injure a federal officer, assault on a federal officer, threatening a federal law enforcement officer and using and carrying a firearm in a crime of violence. The government is also seeking forfeiture of assets worth $3 million from the five men if they are convicted of the crimes.

I encourage readers to read the indictment. It sets out the case, chapter and verse, against the defendants and serves as a good example of how devastatingly thorough the feds can be when they put their vast resources to work in stitching up a group of defendants.


Cliven Bundy may be looking at spending the rest of his life in prison

February 17, 2016

Cliven Bundy is charged in Nevada by a six-count federal complaint alleging;

Count 1: Conspiracy to assault a federal officer;

Count 2: Assault against a federal officer by use of a deadly and dangerous weapon’

Count 3: Use and carry of a firearm in relation to a crime of violence (the assault charged in count 2);

Count 4: Interference with commerce (by extortion);

Count 5: Use and carry of a firearm in relation to a crime of violence (the extortion charged in count 4);

Count 6: Obstruction of justice.

If he is convicted, Bundy could be sentenced up to five years in prison on the conspiracy charge, up to 10 years in prison on the obstruction of justice charge, up to 20 years in prison on the assault on a federal law enforcement and interference with commerce by extortion charges and a mandatory minimum consecutive seven years on the use and carry of a firearm in relation to a crime a violence charge. The charges could also bring up to $250,000 per count.

Since he is 69-years-old, there is a significant possibility that he may spend the rest of his life in prison, if he is convicted on all counts.

He has been detained without bail. Oregonlive is reporting,

A federal judge [in Portland] Tuesday ordered Nevada rancher Cliven Bundy to remain in custody pending trial on a complaint stemming from his 2014 standoff with federal agents trying to round up his cattle grazing on public land.

U.S. Magistrate Judge Janice M. Stewart found Bundy, 69, remains a danger to the community and a risk to flee, citing his “ongoing defiance of federal court orders.”

For more information regarding the evidence that the government relied on to draft the complaint, please read the affidavit attached to the complaint (pp. 6-32).

Also, here’s the government’s memorandum in support of order detaining Bundy without bail.

Finally, here’s a link to an article I wrote about conspirator liability. Note that the government need not prove that Bundy ever held a gun or threatened anyone with a gun, so long as it proves that he was a member of the conspiracy and at least one other member of the conspiracy committed such an act or acts in furtherance of the conspiracy.


Cliven Bundy wants to join the party

February 5, 2016

Yesterday a federal grand jury indicted the Bundy brothers. The Las Vegas Review Journal reports,

Nevada brothers Ammon and Ryan Bundy and 14 others have been indicted by a federal grand jury in the armed takeover of a federal wildlife refuge in eastern Oregon.

All 16 defendants — including four protesters still holed up at the Malheur National Wildlife Refuge near Burns — have been charged with a single felony count of conspiracy to impede officers of the United States.

Both Bundy brothers, the sons of anti-government Bunkerville rancher Cliven Bundy, are being held without bail and face a Feb. 24 arraignment. Authorities consider Ammon Bundy the Oregon takeover’s leader.

The three-page indictment, unsealed in Portland on Thursday, accuses the defendants of conspiring to “prevent by force, intimidation and threats” employees of the U.S. Fish and Wildlife Service from carrying out their duties at the refuge.

Cliven Bundy apparently wants to join the party.

OPB.org reports,

Nevada rancher Cliven Bundy said Monday that the occupation at the Malheur National Wildlife Refuge would continue.

In a notarized letter from Clark County, Nevada, Bundy wrote to Harney County Sheriff David Ward that “We the People of Harney County and also We the People of the citizens of the United States DO GIVE NOTICE THAT WE WILL RETAIN POSSESSION OF THE HARNEY COUNTY RESOURCE CENTER. (Malhaur [sic] National Wildlife Refuge).”

The letter was also sent by certified mail to Oregon Gov. Kate Brown and President Barack Obama.

“Remove all federal and state policing agents out of Harney County,” Bundy wrote. “Place a Harney County sheriff guard post at the entrance road of the Harney County Resource Center stopping all from entering or exiting, for a time.”

Since a conspiracy consists of agreeing with one or more people to commit a specific crime and then committing an overt act in furtherance of the conspiracy, I cannot help but conclude that Cliven Bundy’s letter seals the deal for him.

Here’s hoping the government sets another place at the defense table.


Monday evening open thread

May 19, 2014

Monday, May 19, 2014

Good evening:

Welcome to the second week of our experiment with an evening open thread with four suggested topics in the news. This is your place to comment, a place where off topic is on topic.

Please let us know if you like the idea. We’ll incorporate it as a regular feature, if you do.

Or suggest something else.

(1) In the Republican looney-tune department, we have Gary Kiehne, an Arizona rancher running for Congress with hopes of defeating Rep. Ann Kirkpatrick (D-AZ). Think Progress reports what he said at a Republican primary debate on Saturday regarding mass shootings and gun rights.

“If you look at all the fiascos that have occurred, 99 percent of them have been by Democrats pulling their guns out and shooting people,” Kiehne said. “So I don’t think you have a problem with the Republicans.”
Kiehne also boasted that he had “more guns and ammo than any one of my competitors.”

A mind is a terrible thing to waste. Of course, one has to have a mind in order to waste it and I’m not certain Kiehne has evolved that far.

(2) In the yet-another-corrupt-bozo-Republican department, we have 3 GOP bozos who introduced a bill in the North Carolina legislature that would make it a felony to reveal any of the chemicals used in fracking. Mother Jones reports,

On Thursday, three Republican state senators introduced a bill that would slap a felony charge on individuals who disclosed confidential information about fracking chemicals. The bill, whose sponsors include a member of Republican party leadership, establishes procedures for fire chiefs and health care providers to obtain chemical information during emergencies. But as the trade publication Energywire noted Friday, individuals who leak information outside of emergency settings could be penalized with fines and several months in prison.

“The felony provision is far stricter than most states’ provisions in terms of the penalty for violating trade secrets,” says Hannah Wiseman, a Florida State University assistant law professor who studies fracking regulations.

The bill also allows companies that own the chemical information to require emergency responders to sign a confidentiality agreement. And it’s not clear what the penalty would be for a health care worker or fire chief who spoke about their experiences with chemical accidents to colleagues.

“I think the only penalties to fire chiefs and doctors, if they talked about it at their annual conference, would be the penalties contained in the confidentiality agreement,” says Wiseman. “But [the bill] is so poorly worded, I cannot confirm that if an emergency responder or fire chief discloses that confidential information, they too would not be subject to a felony.” In some sections, she says, “That appears to be the case.”

These three creeps belong in prison.

(3) In the who-has-the-right-stuff department, we have Matt Taibbi and his relentless reporting about the criminal banksters on Wall Street. Salon interviews him about his new book.

His relentless coverage of Wall Street malfeasance turned him into one of the most influential journalists of his generation, but in his new book, “The Divide: American Injustice in the Age of the Wealth Gap,” Matt Taibbi takes a close and dispiriting look at how inequality and government dysfunction have created a two-tiered justice system in which most Americans are guilty until proven innocent, while a select few operate with no accountability whatsoever.

Salon sat down last week with Taibbi for a wide-ranging chat that touched on his new book, the lingering effects of the financial crisis, how American elites operate with impunity and why, contrary to what many may think, he’s actually making a conservative argument for reform. The interview can be found below, and has been lightly edited for length and clarity.

(4) In the this-is-bullshit department, we have Cecily McMillan, 25, who was sentenced today in NYC to serve 90 days in jail, to be followed by 5 years probation. Her “crime:” She elbowed a cop in the face after her breast was grabbed from behind during an Occupy protest. She was then thrown to the ground and handcuffed. She suffered a seizure and has since been treated for post-traumatic stress. The poor widdle cop suffered a black eye and spent two weeks off work with headaches and sensitivity to light. Imagine his terrible suffering!

The Guardian reports what she said to the judge before he pronounced the sentence.

Wearing a fuschia dress, the New School graduate student was on Monday led, handcuffed, into a courtroom lined by about 50 police officers. Reading a prepared speech, she told the judge that she lived by the “law of love”. She said: “Violence is not permitted. This being the law that I live by, I can say with certainty that I am innocent of the crime I have been convicted of”. She apologised for what she called “this accident”.

She will actually serve 60 days, minus the 14 days that she has already served awaiting sentencing.

Meanwhile, armed right-wing-domestic-terrorists like Cliven Bundy and his supporters break the law with impunity.

Not to mention the parasitic criminal banksters who just keep getting richer at our expense.

Sickening.

There will be an accounting one day and when it comes it will be bloody.

The hat is on the sidewalk. Please make a donation if you like what we do.

Fred


Cliven Bundy Holding a News Conference

April 24, 2014

Cliven Bundy is apparently taking to the stage in Bunkerville, Nevada, to hold a news conference in the wake of racist remarks he made on Wednesday.

The Live Stream is here:

http://www.mynews3.com/content/news/story/LIVE-Cliven-Bundy-holding-news-conference/0QfKcyT-10KrvOPeihLKbw.cspx

The remarks that he made are here:


Cliven Bundy is a craven thief and right wing terrorist

April 13, 2014

Sunday, April 13, 2014

Good morning:

Cliven Bundy is a thief and a right-wing domestic terrorist who belongs in prison. For more than 20 years he has grazed his cattle on our land without our permission and without paying us any fees. Neighboring ranchers paid their fees and have grazed their cattle with our permission.

Yesterday, the federal Bureau of Land Management (BLM) that manages our lands surrendered without a fight to Cliven Bundy and his followers who threatened to use deadly force in resisting the BLM’s effort to enforce a federal court order to seize his trespassing cattle and sell them at auction to satisfy the debt he owes for trespassing on our lands and refusing to pay the grazing fees.

April 12, 2014 is a dark day in U.S. history because it is the day that our government surrendered to the right wing hate machine.

I do not doubt that neighboring ranchers will follow his example and refuse to pay their fees.

I do not doubt that Cliven Bundy’s victory will embolden other right wing wackos to take similar action.

Contrast how law enforcement authorities have reacted with violent aggression against peaceful people protesting against the tyranny of the criminal banksters and the richest 1% of our people who, as majority shareholders, own control and profit from their acts of financial terrorism.

Contrast Bundy’s victory with what is happening to Cecily McMillan.

She is a 25-year-old student and activist who was arrested two years ago during an Occupy Wall Street demonstration in Manhattan. Without any provocation, police attacked and beat her until she went into a seizure. When she felt someone grab her right breast from behind during the attack, she threw her elbow catching a cop under the eye. She is being prosecuted for assaulting a police officer, a class D felony with a possible seven-year prison term. Her trial began this week.

Contrast Cliven Bundy’s victory with our government’s focus on prosecuting whistleblowers whose only “crime” is informing us what our government is doing to us and to other innocent people all over the world.

Contrast our government’s treatment of the poor cutting food stamps and heating assistance during a depression.

Our government has become another face of the right wing hate machine and you and I are its enemy.

If you doubt what I say, tune in to what is happening on twitter where an orgy of hatred has been unleashed.

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Fred


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