A few days ago, Nevada District Court Judge Gloria Navarro dismissed all charges against rancher Cliven Bundy “with prejudice,” meaning that Bundy and the two other defendants cannot be tried again on those charges, because she stated that prosecutorial misconduct made a fair trial impossible.
Bundy was accused of leading an armed rebellion against federal agents to block a roundup of his cattle from public lands. Bundy has now grazed his cattle on federal lands for almost twenty years without paying federal grazing fees, which was the reason BLM agents attempted to round up his cattle in lieu of payment, but were stopped when scores of armed men appeared, outnumbering the BLM agents.
Navarro cited “flagrant prosecutorial misconduct,” calling the prosecutor’s actions “outrageous” in withholding evidence, which resulted in violating “due process rights” of the defendants. All of that is certainly understandable, and we should all be afforded a fair trial.
But what I don’t get is how a man can fail to pay for something for twenty years, then use armed force to run off federal agents, and get away with it. Why was the BLM so lax in dealing with Bundy? Why didn’t they file a lien on his property or the equivalent?
Obviously, since I only have a background in environmental regulatory law, and not criminal justice, I’m clearly missing something. Why isn’t the judge filing or asking for charges of prosecutorial misconduct to be filed? And what about the twenty years of unpaid grazing fees?
Bundy isn’t a western federal lands’ rights hero. He’s a thief, pure and simple, who got armed thugs to bail him out, and then used federal legal incompetence to escape.
There are two sets of criminals here: Bundy and the criminal incompetence of the BLM and the prosecutors, and it appears that both sets are getting off free… and taxpayers will foot the bills.