1 It's not absurd, read the judge's ruling and statements. What's absurd is the prosecutions malfeasance of duty. That's outrageous and no American should be happy about the lying and withholding of evidence, both in discovery AND during the trial.
"The government's conduct in this case was indeed outrageous," said U.S. District Judge Gloria M. Navarro. "There has been flagrant misconduct, substantial prejudice and no lesser remedy is sufficient."Navarro found prosecutors engaged in a "deliberate attempt to mislead" and made several misrepresentations to both the defense and the court about evidence related to a surveillance camera and snipers outside the Bundy ranch in early April 2014, as well as threat assessments made in the case.
"The court is troubled by the prosecution's failure to look beyond the FBI file," she said.
She said she "seriously questions" that the FBI "inexplicably placed'' but "perhaps hid" a tactical operations log that referred to the presence of snipers outside the Bundy residence on a "thumb drive inside a vehicle for three years,'' when the government has had four years to prepare the case.
"The court has found that a universal sense of justice has been violated,'' Navarro said.
The judge said it was especially egregious that the prosecutors chose not to share documents that the defendants specifically asked for in pretrial motions and "grossly shocking'' that the prosecutors claimed they weren't aware the material would help the defendants in their defense.
"The government was well aware of theories of self-defense, provocation and intimidation,'' Navarro said. "Here the prosecution has minimized the extent of prosecutorial misconduct.''