Cliven Bundy trial:
Investigator accuses feds of recklessness
AZ Central
December 15, 2017
Robert Anglen
The Republic
In this April 18, 2014 file photo, rancher Cliven Bundy, flanked by armed
supporters, speaks at a protest camp near Bunkerville, Nevada.
(Photo: Associated Press)A federal investigator is alleging, prosecutors in the Bundy Ranch standoff trial covered up misconduct by law enforcement agents, who engaged in "likely policy, ethical and legal violations".
In an 18-page memo to the Assistant U.S. Attorney General, Special Agent Larry Wooten said, he "routinely observed ... a widespread pattern of bad judgment, lack of discipline, incredible bias, unprofessionalism and misconduct" among agents involved in the 2014 armed standoff.
He said, his investigation indicated federal agents engaged in excessive force, civil rights and policy violations.
Trial on hold
Prosecutors with the U.S. Attorney's Office in Nevada on Friday turned over Wooten's letter to lawyers for Cliven, Ammon and Ryan Bundy, who - along with Ryan Payne - are currently being tried on conspiracy, extortion and weapons charges.
The letter and its explosive allegations came days, after U.S. District Judge Gloria M. Navarro suspended the trial over concerns, that prosecutors withheld potentially mitigating and exculpatory evidence from the defense, a violation of court procedures, that could lead the judge to declare a mistrial.
Navarro closed the courtroom to the public last week and barred lawyers from talking about the case, while she examines defense motions to dismiss the charges made prior to the discovery of Wooten's letter.
"I have not seen anything like this in 20 years," Bret Whipple, Cliven Bundy's lawyer, said Friday morning, citing court prohibitions, that prevent him talking about the case. "I stand by that."
Acting Nevada U.S. Attorney Steven Myhre would not talk about the letter. His office issued a statement Friday saying, "We have no comment."
Wooten did not return calls.
"Don't ask, don't tell!"
Wooten, a lead investigator and case agent for the Department of Interior and the Bureau of Land Management, said, he was brought in by the BLM to examine the armed standoff near Cliven Bundy's Nevada ranch, which pitted armed ranchers and militia members against federal agents.
Wooten said, he spent 2 years and 10 months examining the case. In his letter he said, BLM supervisors "made a mockery of our position of special trust and confidence," ignoring the law and likely jeopardizing the trial against the Bundys and other defendants.
Wooten wrote, that Myhre initially appeared to take his concerns seriously, but later adopted a "don't ask, don't tell" attitude.
"Not only did Mr. Myhre in my opinion not want to know or seek out evidence favorable to the accused, he and my supervisor discouraged the reporting of such issues and even likely covered up the misconduct," Wooten wrote. "Furthermore, when I did report the misconduct, ethical, professional and legal issues, I also became a victim of whistle-blower retaliation."
For decades the Bureau of Land Management repeatedly ordered Bundy to remove his cattle from federal lands and in 2014 obtained a court order to seize his cattle as payment for more, than $1 million in unpaid grazing fees.
The Bundys launched a social-media rallying cry. Hundreds of supporters from every state in the Union, including members of several militia groups, converged on the Bundy ranch. Federal agents abandoned the roundup, saying, they were outgunned and in fear for their lives.
The standoff was hailed as a victory by militia members.
Standoff heads to court
Last year the government charged 19 people for their roles in the standoff. Two men took plea deals. Trials for the remaining 17 defendants were broken into three tiers based on their alleged levels of culpability.
Federal prosecutors have said, the case is about protesters, who drew weapons on federal agents. They want jurors to focus on conspiracy and weapons charges.
Bundy has maintained, there was no conspiracy and that federal agents were the ones, who ratcheted up tensions during the standoff. He has claimed, supporters were staging a peaceful protest and exercising their constitutional rights to bear arms.
For many Americans images of the four-day standoff in a dusty wash below Interstate 15 about 70 miles northeast of Las Vegas were shocking. Hundreds of protesters, ranchers and militia members took armed positions around federal law-enforcement officers, some lying prone on freeway overpasses and sighting down long rifles.
No shots were fired, before federal authorities abandoned the roundup and retreated from the wash, saying, they avoided a bloodbath only by the narrowest of margins.
But making a solid case against Bundy and his supporters has so far eluded prosecutors. Two federal juries in Las Vegas have rejected conspiracy claims against six defendants in earlier trials.
A jury in April deadlocked on charges against four of the first six defendants. It convicted Gregory Burleson of Arizona and Todd Engel of Idaho on weapons and obstruction charges, but dismissed all of the conspiracy charges.
The government launched its retrial of the four defendants in July. But a second federal jury did not return any guilty verdicts after four days of deliberation.
Acquittals stymie feds
Richard Lovelien of Oklahoma and Steven Stewart of Idaho were acquitted on all counts and walked out of court in August free, after spending more, than a year in prison.
Eric Parker and O. Scott Drexler were acquitted on most charges, but jurors deadlocked on a few weapons charges. Rather, than face a third trial, both pleaded guilty to a misdemeanor charge of obstructing a court order.
Nevada lawyer Shawn Perez, who represented Lovelien, said Friday, that the Wooten letter is shocking and if substantiated, could lead the court to rescind the prior convictions.
"There are going to be a lot of questions," Perez said, adding, that he is not involved in the current trial. "If there was misconduct..., the government could have to pay out a lot of money to 19 men, who sat in prison for 18 months."
During the retrial in August, Navarro ordered Parker off the stand, while he was testifying in his own defense, after he raised the issue of government snipers. Navarro had previously barred defendants from talking about snipers around the Bundy Ranch, in part, because evidence did not support the claim, such snipers had been present.
But Navarro delayed the start of Cliven Bundy's trial last month, after newly revealed evidence indicated, FBI snipers were positioned around the ranch along with video surveillance.
Prosecutors have long maintained, the FBI was not involved in the standoff and that no video surveillance or sniper teams were used. In fact, they charged defendants with making false claims about snipers and videos, in order to incite militia in the run-up to the standoff.
Defense lawyers said, new documents provided by prosecutors after the start of trial indicated, multiple cameras may have been in use around the Bundy Ranch in the days leading up to the standoff.
The report also indicated for the first time, the FBI could have played an active role in the standoff and that armed tactical teams might have taken up positions around the Bundy Ranch.
Cover-up alleged
The Wooten memo raises additional questions about what the prosecutors failed to disclose.
Wooten said, he was removed from the Bundy review in February, after raising several concerns. He said, BLM supervisors without permission or notification searched his office and seized notes, hard drives and case materials, that included emails, text messages, instant messages and other information.
"I am convinced, that I was removed to prevent the ethical and proper further disclosure of the severe misconduct, failure to correct and report, and the cover-ups by BLM," Wooten wrote.
Much of Wooten's letter revolves around allegations against Dan Love, the former Bureau of Land Management agent in charge of the cattle roundup. Love left the agency in September amid internal investigations, that found, he violated policies, tampered with evidence, intimidated employees into deleting emails about his conduct and used his position to gain benefits in unrelated cases.
Wooten alleged, that agents continually mocked the Bundy family, making fun of their Mormon faith, referring to them in vulgar and disparaging terms and ridiculing women. He said, agents bragged of misconduct, including roughing up Cliven Bundy's son, Dave Bundy, "grinding his face into the ground..., having little bits of gravel stuck in his face."
He said, a BLM supervisor engaged in "unprofessional monitoring of jail calls between defendants and their wives" for the purpose of making fun of them. He said, Myhre put a stop to those activities.
"The carnival, inappropriate and childish behavior didn't stop with the directed bias and degradation of subjects of investigation,' Wooten wrote. "The childish misconduct extended to citizens, cooperators from other agencies and even our own employees."
"Take his cattle!"
Wooten described Love's handling of the cattle round-up as aggressive. He said, that Love routinely ignored advice from the U.S. Attorney's Office and Nevada law enforcement officials, in order to "command the most intrusive, oppressive, large scale and militaristic trespass cattle impound possible."
Wooten wrote, when it became clear, that his supervisor failed to notify the U.S. Attorney's Office on substantive and exculpatory case findings, he went directly to Myhre's office and to the FBI.
"When I asked Mr. Myhre, if the former BLM SAC's (Love) statements like, "Go out there and kick Cliven Bundy in the mouth (or teeth) and take his cattle!" and "I need you to get the troops fired up, to go get those cows and not take any crap from anyone", would be exculpatory or if we would have to inform the defense counsel, he said something like "We do now." or "It is now.".
