Nevada Rancher Cliven D. Bundy and his family are no strangers to the court system of the United States or the State of Nevada. He was sued by the Nevada Department of Transportation in 1992 [Case No. A304188] and his civil court problems with the U.S. government started in 1998 [Case No. 98-17293]. Bundy had his day in court and appealed that case up to the Ninth Circuit Court of Appeals where he lost.
As far as I can tell from a cursory search anyway, aside from a couple of tickets in the State of Arizona, Cliven D. Bundy doesn’t have any record of criminal actions or infractions prior to his current problems with the United States government….but his son, Cliven Lance Bundy sure as hell does. He’s currently on probation on felony convictions for Burglary and Grand Larceny of a Firearm and still owes the government money and at one point was arrested for violating probation, but this was his original sentence:
01/02/2013 9:00 AM
– SENTENCING Deft. present in custody. DEFT BUNDY ADJUDGED GUILTY of CT 1 – BURGLARY (F) and CT 2 – GRAND LARCENY OF FIREARM (F). Statement by Ms. Ballou. COURT advised Deft. he will give him probation, but ADMONISHED Deft. this is his ONLY chance and if he messes up, he will be revoked. COURT ORDERED, in addition to the $25.00 Administrative Assessment Fee, and the $150.00 DNA Analysis Fee WAIVED as previously taken, and $1,615 RESTITUTION, $715 payable to EZ Pawn at 3050 E. Desert Inn, ; $850 payable to Bargain Pawn at 1902 E. Las Vegas Blvd; and $50 payable to $50 to Gold and Silver Supply at 1300 E Sahara Blvd; Deft. SENTENCED to: CT 1 – a MAXIMUM of NINETY SIX (96) MONTHS and a MINIMUM of TWENTY FOUR (24) MONTHS in the Nevada Department of Corrections (NDC); CT 2 – a MAXIMUM of NINETY SIX (96) MONTHS and a MINIMUM of TWENTY FOUR (24) MONTHS in the Nevada Department of Corrections (NDC) to run CONCURRENT to CT 1 and CR01719012; SENTENCE SUSPENDED; Deft. placed on probation for indeterminate period NOT to exceed FIVE (5) YEARS under the following SPECIAL CONDITIONS: 1. Abide by any curfew imposed by the Division of Parole and Probation. 2. Enter and complete the Drug Court Program in Clark County unless P&P determines that Lincoln County is acceptable. 3. Submit to any evaluation deemed appropriate and complete any recommended counseling. 4. Pay restitution during term of probation. 5. Have no contact with witnesses whatsoever. 6. Have no contact with any listed pawn shops whatsoever. 7. Pursuant to NRS 176A.400, Defendant to be supervised in P & P’s Intensive Supervision Program to include Electronic Monitoring for a period deemed appropriate. FURTHER, matter SET for hearing in Drug Court, Deft. to remain in custody until that date. 1/17/13 10:15 AM FIRST APPEARANCE: DRUG COURT
In the current court case that sparked Bundy’s confrontation with the federal Bureau of Land Management began in 2012, U.S. District Court Case No. 12-cv-00804-LDG-GWF. Bundy had his day in court. He defended himself. He lost on “summary judgment” meaning that as a matter of law and undisputed facts he didn’t have a leg to stand on. He appealed to the Ninth Circuit and then never bothered to file his Appellant’s Opening Brief (AOB) and so the appeal was dismissed. His “appeal” became his call for violent armed resistance to the government.
If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both. [Emphasis added]
That the United States government has not sent in the full force necessary to arrest everybody involved with this crime which was perpetrated in the full view of the national press corps is another example of “Justice in America means ‘Just Us’ White Folk” (H. Rap Brown). If this had been the Black Panthers, Brown Berets, or the American Indian Movement…..well, do I have to paint you a picture?
BTW, that brings up another weird point in the curious history of the Bundy family: either Cliven D. Bundy has an alias of Scott Lillie and has lived in South Central Los Angeles (South Hoover in Los Angeles 90044) or else somebody did an identity theft on him or some other weird glitch in computerized records systems…..either that or the Bundy family isn’t quite as white as it looks on television…..My black friends will relate–you know the old saying about them “drops” of blood?
What are the merits of Bundy’s and the government’s arguments. Read the following documents and make up your own mind because they speak for themselves, but before you do consider this. One of Bundy’s arguments in his answer to the federal civil complaint is that he relied on the State of Nevada’s NRS (Nevada Revised Statutes) Section 321.596-599. One of these provisions, NRS 321.596(2)(c) alleges that:
(c) The Northwest Ordinance of 1787, adopted into the Constitution of the United States by the reference of Article VI to prior engagements of the Confederation, first proclaimed the “equal footing” doctrine, and the Treaty of Guadalupe Hidalgo, by which the territory including Nevada was acquired from Mexico and which is “the supreme law of the land” by virtue of Article VI, affirms it expressly as to the new states to be organized therein.
The State of Nevada has bit off just a little more than it intended to chew with this argument. It’s in essence contending that the Treaty of Guadalupe Hidalgo has never been complied with….which by the way is the argument that I’ve been making for years as to why the cession of Mexican territory under the treaty is invalid and should be re-addressed under Article XXI of that treaty by Commission or third-nation neutral arbitration. Ya’ll think that Bundy and his militia type supporters ever thought about those implications?