DOJ files appeal to reverse stinging loss to Bundy clan in Nevada standoff | WHAT REALLY HAPPENED

DOJ files appeal to reverse stinging loss to Bundy clan in Nevada standoff

The Justice Department filed an appeal Tuesday of its devastating defeat against Cliven Bundy in the Nevada standoff, disputing the federal judge’s decision last year to throw out the case based on prosecutorial wrongdoing.

The 88-page motion, filed with the Ninth Circuit Court of Appeals, challenged Chief U.S. District Court Judge Gloria Navarro’s blistering finding of “flagrant” misconduct, which prompted her to declare a mistrial in December 2017 and dismiss the charges a month later.

U.S. Attorney for Nevada Nicholas A. Trutanich, who took over last month, insisted that the government had “timely disclosed significant discovery,” refuting the judge’s ruling that prosecutors had withheld evidence on items such as an FBI surveillance camera and snipers at the 2014 clash.

“To the extent any of the government’s shortcomings constituted Brady violations, they were clearly inadvertent, and certainly not willful,” he said in the motion. “In its ruling dismissing the indictment with prejudice, however, the district court found government errors it had only weeks earlier deemed diligent and reasonable now to be ‘flagrant,’ ‘reckless,’ ‘intentional,’ ‘grossly shocking,’ and in violation of a ‘universal sense of justice.’”

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