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.


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