Navarro ruled a mistrial in the Bundy case last month after prosecutors “willful[ly]” withheld exculpatory evidence favorable to the four men on trial: Cliven Bundy, his two sons and one other person. The judge found that prosecutors had violated the defendant’s civil rights and violated federal law by hiding evidence from the court.
After the mistrial, Navarro set a Jan. 8 date to decide whether the case against Bundy would be retried or dismissed “with prejudice,” barring a retrial over the same charges.
Prosecutors requested the court grant another trial against the Bundys, calling their missteps and violations “inadvertent.”
“The Brady violations found by the court are regrettable and benefit no one,” Nevada’s Acting U.S. Attorney Steven Myhre wrote in legal brief, according to The Oregonian. “But because the government neither flagrantly violated nor recklessly disregarded its obligations, the appropriate remedy for such violations is a new trial.”
The Department of Justice, under order from Attorney General Jeff Sessions, is currently investigating the federal prosecutors involved in the 2017 Bundy trial for misconduct.
Prosecutors, led by Myhre, dismissed several claims from Bundy attorneys that evidence was being hid from the court during the trial.
The defense claimed FBI snipers and surveillance were monitoring the Bundy household prior to the 2014 Bureau of Land Management (BLM) raid to remove the rancher’s cattle from federal land after decades of unpaid grazing fees. Cliven Bundy sent out a plea for help based on the snipers’ presence, prompting dozens of armed militiamen to meet at the ranch.
Prosecutors said snipers were not involved, called the claim “fantastical” and the defendants’ request for the evidence, a “fishing expedition.” However, the U.S. Attorney’s Office possessed video evidence the entire time, The Oregonian reports.
Prosecutors also withheld federal assessments that found the Bundy family was not likely to be violent, but only “get in your face.” Other federal assessments of the BLM revealed the agency was targeting the Bundy family, “trying to provoke a conflict.”