The dismissal of charges against Cliven Bundy and three others raises a long list of possible legal battles to come.
Nevada’s newly appointed interim U.S. Attorney will have to decide whether to file appeals or new charges. The interim U.S. Attorney will also have to decide whether to pursue other legal remedies against the Bundy clan.
George Knapp talked with former District Attorney David Roger about their other legal options.
“Some of the Bundys still have to go to trial on these charges, David & his brother are set for February. There’s been some intonation from the Bundys that they want to wrangle with authorities and once again file lawsuits against the federal government and the federal agents for violating civil rights.
They eluded to the Sheriff not doing his duty and so they are looking at a lot of options moving forward. Suing the federal government isn’t easy; as long as they’re doing their job, prosecutors have absolute immunity. Law enforcement officers have qualified immunity so as long as they’re acting reasonably and are following the law as they perceive it, they’re immune. There’s a wrinkle in this case which is that the federal government had exculpatory evidence from the Bundys which led to the dismissal of the case.
The federal government can still go after the Bundys
For not paying their taxes for grazing on public land, the federal government can put judgements on the property and cause problems for his business moving forward. I’m sure the Bundys see this as a major victory and it’s not based upon the legal issue but moreso them knocking down the federal government. I think that the Bundy supporters and the family themselves will believe they can violate court orders and challenge the federal government. They won the battle but not the war.”
To watch the full interview on Channel 8 News, click here.