For decades I have blogged, tweeted and pontificated that a major part of a practical solution to government and insider misconduct is a practical way for private criminal federal- and state-level prosecutions (e.g., fair access to government prosecution funds).
Well here's a rare breath of fresh air for Murricans in a Supreme
Court of the US (SCOTUS ) decision exonerating the Bundys - one for
the history books, and well done folks, well firetrucking done!‼!
Perhaps the Ruby Ridge $3 million payout will give precedent for the
Bundy's (not that that can ever compensate for what the govt did on
Ruby Ridge), but what's really needed is for you folk across the pond
to get some proper grand juries going against the FBI and DOJ - the
govt shills will shout "you citizens can't do that!!!" from the
rooftops and every forum, but that won't stop a small committed and
determined group from achieving their careful and well-planned
approach to this "problem".
Good luck,
Government's Misconduct In Cliven Bundy Case Stems From Ruby Ridge
https://www.zerohedge.com/news/2018-01-15/governments-misconduct-cliven-bundy-case-stems-ruby-ridge
(Quite a few links in the linked article)
Federal judge Gloria Navarro slammed the FBI and Justice Department
on Monday, Jan. 8, for “outrageous” abuses and “flagrant
misconduct” in the prosecution of Cliven Bundy and sons, the Nevada
ranchers who spurred a high-profile standoff with the FBI and
Bureau of Land Management in 2014.
Navarro condemned the "grossly shocking” withholding of evidence
from defense counsel in a case that could have landed the Bundys in
prison for the rest of their lives. Navarro, who had declared a
mistrial last month, dismissed all charges against the Bundys.
Navarro was especially riled because the FBI spent three years
covering up or lying about the role of their snipers in the 2014
standoff. The Bundys faced conspiracy charges because they summoned
militia to defend them after claiming FBI snipers had surrounded
their ranch. Justice Department lawyers scoffed at this claim but
newly-released documents vindicate the Bundys. In an interview
Saturday, Ammon Bundy reviled the feds:
“They basically came to kill our family, they surrounded us
with snipers. And then they wanted to lie about it all like
none of it happened."
Many of the heavily-armed activists who flocked to the scene feared
that the FBI snipers had a license to kill the Bundys.
Their reaction cannot be understood without considering a landmark
1990s case that continues to shape millions of Americans’ attitude
towards Washington: the federal killings and coverups at Ruby
Ridge.
Randy Weaver and his family lived in an isolated cabin in the
mountains of northern Idaho. Weaver was a white separatist who
believed races should live apart; he had no record of violence
against other races — or anyone else. An undercover federal agent
entrapped him into selling a sawed-off shotgun. The feds then
sought to pressure Weaver to become an informant but he refused.
After Weaver was sent the wrong court date and failed to show up,
the feds launched a vendetta. Idaho lawyer David Nevin noted that
U.S.:
“Marshals called in military aerial reconnaissance and had
photos studied by the Defense Mapping Agency. They prowled the
woods around Weaver’s cabin with night-vision equipment. They
had psychological profiles performed and installed $130,000
worth of long-range solar-powered spy cameras. … They even knew
the menstrual cycle of Weaver’s teenage daughter, and planned
an arrest scenario around it.”
On August 21, 1992, six camouflaged U.S. Marshals carrying machine
guns trespassed onto the Weavers’ property. Three marshals circled
close to the Weaver cabin and killed one of their dogs. A firefight
ensued and 14-year old Sammy Weaver was shot in the back and killed
as he was leaving the scene. Kevin Harris, a family friend,
responded by fatally shooting a federal marshal who had fired seven
shots in the melee.
The next day, the FBI sent in its Hostage Rescue Team snipers with
orders to shoot to kill any adult male outside the Weaver cabin. A
federal appeals court ruling later noted that:
“FBI agents formulated rules of engagement that permitted their
colleagues to hide in the bushes and gun down men who posed no
immediate threat. Such wartime rules are patently
unconstitutional for a police action.”
FBI sniper Lon Horiuchi shot Randy Weaver in the back after he
stepped out of his cabin, wounding him. Horiuchi then shot and
killed Vicki Weaver standing in the cabin door holding their
10-month old baby. A confidential 1994 Justice Department task
force report concluded:
“The absence of a (surrender demand) subjected the Government
to charges that it was setting Weaver up for attack.”
Weaver and Harris surrendered after an 11-day siege. At their 1993
trial, federal prosecutors asserted that Weaver long conspired to
have an armed confrontation with the government. The feds bizarrely
asserted that moving from Iowa to a spot near the Canadian border
in 1985 was part of Weaver’s plot. After an Idaho jury largely
exonerated the defendants, federal judge Edward Lodge slammed DOJ
and FBI misconduct and fabrication of evidence in the case.
Regardless of the judge’s condemnation, FBI chief Louis Freeh in
1995 exonerated the FBI for its actions at Ruby Ridge. That year,
after I slammed Freeh’s whitewash in the Wall Street Journal and
elsewhere, Freeh denounced my “inflammatory and unfounded
allegations.” Five months later, I snared a confidential 542-page
Justice Department report on Ruby Ridge, excerpting its damning
findings in a Wall Street Journal piece. The coverup unraveled and
the feds paid the Weaver family $3.1 million to settle their
wrongful-death lawsuit. A top FBI official was sent to prison for
destroying key evidence.
But the FBI sniper who killed Vicki Weaver never faced
justice. When Boundary County, Idaho, sought to prosecute
Horiuchi in 1998, the Clinton administration invoked the
Supremacy Clause of the Constitution (which blocks local and
state governments from challenging federal power) to torpedo
their lawsuit. Solicitor General Seth Waxman absolved the
sniper because “federal law-enforcement officials are
privileged to do what would otherwise be unlawful if done by a
private citizen.”
While that claim may sway federal judges, it often fails to
charm jurors. A Justice Department brief in the Bundy case
revealed that prosecutors dreaded jury nullification — “not
guilty” verdicts due to government abuses. That specter
spurred prosecutors to withhold key evidence from both the
court and the defense counsel, resulting in a mistrial and
dismissal of charges.
Judge Navarro rightly declared that “a universal sense of
justice has been violated” by federal misconduct in the Bundy
trial. Americans’ trust in the FBI and Justice Department will
not be restored until those agencies are compelled to obey the
law and the Constitution. Until that happens, federal
prosecutors should continue fearing verdicts from Americans
who refuse to convict those whom the feds wrongfully vilify.
* * *
James Bovard is a USA Today columnist and the author of 10
books, including “Lost Rights: The Destruction of American
Liberty” (St. Martin’s Press, 1994).